If the employee is exempt, then there is not much that the employee can do. However, just because the employer calls the employee exempt does not make it so. If the employee is not exempt, they are entitled to their overtime wages, and they should contact the Department of Labor, or hire an employment attorrney in their area. If you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with. An employment attorney in a case like this would take your case on contingency which means that you would owe nothing out of pocket.
In regards XXXXX XXXXX or not the employee is actually exempt, unless the employee falls within the detailed guidelines for an exempt employee, the employee’s yearly salary is broken down into an hourly wage, and the employee is owed overtime when she works more than eight hours a day or 40 hours a week. To be exempt, the employee must earn at least twice California's minimum wage and meet detailed requirements about job duties. To figure out which employees are exempt, employers must look very carefully at each job description and the law.
To know if your job qualifies, you need to see if you fall under one of the actual exemptions. Here is a good website that talks about these exemptions in length:
If you believe you are entitled to all of these back wages, then you should contact an employment attorney in your area as it apperas there is a major class action lawsuit concerning what is going on.
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