Question to Ask the Workplace Doctors about ignoring over-time pay:
The company I work for in California is open for business Monday to Saturday. Saturday is not an actual business day when it comes to customer’s business. Non-exemp employees are scheduled to work over 40 hours a week, i.e. 5 days @ 8 hrs. a day and 5 hrs. on Saturday. However, we do not get overtime since they state their work week is Monday through Saturday. They make us take off 5 hours the next week to compensate for this time. I was under the impression that in California we would be entitled to overtime. Please let me know your interpretation? Thank You, your help will be greatly appreciated.
Signed, Getting Around Paying Overtime
Dear Getting Around Paying Overtime:
Check with your Human Resources Department to learn if it has Federal and/or State’s guideline on when overtime pay takes effect. Also call your state Department of Labor to ask if overtime work one week can be transferred to another pay period in which 40 hours was not worked.I am not located in California, and therefore I contacted a relative who works in your state. She wrote me “I’m pretty sure that overtime must be paid after 40 hrs in California. Here at Abbott, overtime is paid after 8 hrs.” Rather than converse with co-worriers about such a matter, investigate. From what you describe, it appears that your employer has found a way to avoid overtime pay. Once you learn the facts, and if that is what is happening, I’m sure the practice will be changed. Don’t allow this to sour you on your employer/manager. Work as if you owned the place. Working together with hands, head, and heart takes and makes big WEGOS. Will you keep us posted on what you learn?FOLLOW UP: One our readers sent in this information that might be of interest to you even though it comes long after you sent in your question. I hope you find it applies or in some way clarifies. Her answer follows: I noticed an incorrect answer to a question on your website. Please tell your consultants that “salaried” does not mean you are exempt and therefore not entitled to overtime pay. You can be both salaried and non exempt in both the private and public sector. It could be that how the consultant defines “salaried” is the problem and should have been clarified within the answer. I work in the private sector. Everyone who works for my company is salaried. They are not paid by the hour, do not punch a clock or turn in time sheets. They receive a fixed salary every other week. Some are exempt, some are non exempt. The latter are paid overtime for hours worked over 40.I am an advocate for state employees who are also salaried and both exempt and non exempt. The state laws are different in that they can be paid OT or be compensated with comp time for hours worked over 40.