No OT if making more than double minimum wage? CAlifornia

Hello, I am a manager at a fruit packing business in California. All managers here get paid hourly but they do not get paid overtime for hours worked over 8, instead they get the hours paid as regular. When speaking with the owner, he states because we receive an hourly rate more than twice minimum wage, we do not qualify to receive overtime. So example, minimum her in California is 12 per hours. If the manager makes 25 an hour, the owner states he doesn't receive OT.. Is this correct? I cannot find anything to back his claim up. We regularly work 9+ hours..

2 answers  |  asked May 13, 2019 09:37 AM [EST]  |  applies to California

Answers (2)

Drew Lewis
This is not correct. One of the requirements is that you must be paid a salary of twice the minimum wage. "Salary" is a very technical term in the law. But it effectively means that if you are paid an hourly rate, you are not paid a salary and you cannot be paid exempt--you're owed overtime! This is true even if you are making $200/hr. Here is some information that might be helpful to you:

https://drewlewis.law/practice/wages/unpaid-overtime/

https://drewlewis.law/practice/wages/employee-misclassification/

posted by Drew Lewis  |  Apr 23, 2020 5:15 PM [EST]
Arkady Itkin
Hello. There is a number of requirements that, if satisfied, would allow an employer to classify an employee as "exempt" and thus not eligible for overtime. All of the requirements have to be satisfied. Some of the key requirement are, the duties of an employee have to be truly those of a manager, and he has to be paid a salary that doesn't depend on the amount of hours worked equivalent to at least twice the minimum wage. If the employees are paid less when working less than 8 hours per day, then they are likely not correctly classified and should be paid overtime. For more information on this, please see this page on our site: http://www.arkadylaw.com/administrative-exemption-overtime.html

Thanks,

Arkady Itkin

posted by Arkady Itkin  |  May 13, 2019 11:10 AM [EST]

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