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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38129
Experience:  Retired (mostly)
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overtime paid in California

Resolved Question:

I am having some overtime paid problems, I work in California car dealership as a mechanic, I work over 40 hours a week and I never get overtime paid, should I get overtime paid? I read US department of labor about FLSA and seem I'm exempted but seem not exempt in California.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
If you work more than 40 hours, then your total week's earnings is divided by 40, and the overtime hours, wherever they occur are multiplied times the result of the division times 1.5 (or, times 2, dependent upon whether you are entitled to regular overtime or premium time). Labor Code § 510(a).

If you believe that you are being shorted wages, you can file a complaint with the DLSE at this link. Once you file, if your employer retaliates, then you have an independent claim against the employer for the retaliation, which provides damages of lost wages and reinstatement. Labor Code § 98.6.

Hope this helps.

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Customer: replied 5 years ago.
but federal FLSA exempted car dealership to pay overtime, and California labor law doesn't say anything about that, What can i do?
Expert:  socrateaser replied 5 years ago.
Mechanics are not exempted from the FSLA. Salespersons who work on commission are exempted, as long as they earn at least 1.5 times minimum wage for their weekly hours.

Furthermore, California's more restrictive labor laws are not preempted by federal law, because they are more protective of workers. Therefore, the California Labor Code prevails over the FLSA.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.


And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!

socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you and have a goodnight