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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4890
Experience:  Extensive experience representing employees and management
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XXXXXXX employees working at California companies are being

Resolved Question:

XXXXXXX employees working at California companies are being told by XXXXXXX to report only 40 hours worked on their timesheets given to the California company, even if they worked far more. They are being told that this is because XXXXXXX classifies them as exempt. They work alongside contractors from other contracting agencies, performing the same roles, except the other contractors get paid for every hour they bill, and their employers aren't telling them how to bill. How would California law view this situation?


 


The job role is Systems Analyst and the compensation is most likely between $40 and $60 per hour.

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What duties do these XXXXXXX employees perform? Are they supervisors or regular contractor employees?

Customer: replied 1 year ago.

One is a supervisor who comes from India and has been with XXXXXXX 10 years. The other is an American who is just a regular contractor. The American did mention that XXXXXXX paid him for 4 months before they found him an assignment. He is a Systems Analyst with no supervisory role.

Expert:  Joseph replied 1 year ago.
The supervsior would most likely be considered an exempt employee (as long as he or she supervisors 2 or more employees), so regardless of the number of hours he or she works, as long as he or she is paid on a salaried basis, he or she would not be eligible for overtime benefits even if he or she reported more than 40 hours worked in a week.

A systems analyst who does not perform any supervisory role would not be considered to be an exempt employee under California law, since the analyst would not meet any of the exemptions in order to be considered a salaried exempt employee.

If the systems analyst is being told to misreport the number of hours worked for the employer, he would have a valid wage claim against the employer for failure to pay overtime and for requiring the employee to misreport the number of hours worked for the benefit of the employer.

I would suggest that the employee in that situation file a wage claim against the employer, Infosys, for the amount of overtime owed plus penalties for the failure to pay the wages timely.

He could file a wage claim using the information available onlne here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
Joseph, Lawyer
Satisfied Customers: 4890
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Please remember to accept my answer so I get credit for my work!

Thanks and best of luck!

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