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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1651
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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CA salaried employee our "normal" work day is 11 hours,

Resolved Question:

CA salaried employee our "normal" work day is 11 hours, five days a week Company policy is eight hours a day, five days a week. no additional compensation is provided for the additonal hours Do I have grounds for a complaint and, what could I expect the resolution to be?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Just because you are a salaried employee does not mean that you are not owed overtime, or meal or rest breaks. A salaried employee must be paid overtime unless they meet the test for exempt status as defined by federal and California law.

Employment-LawExpert :

If you do not satisfy the tests for exemptions, then you would have to be paid one and a half times your normal rate of pay for every hour worked over 8 in a day or over 40 in a week. To determine the amounts owed, you would Multiply your monthly remuneration by 12 (months) to get the annual salary. Divide the annual salary by 52 (weeks) to get the weekly salary. Then divide the weekly salary by the number of legal maximum regular hours (40 as defined in their company policy) to get the regular hourly rate.

Employment-LawExpert :

To determine whether or not you fall under one of the exemptions, you should look here:

Employment-LawExpert :

http://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm

Employment-LawExpert :

If you do not believe that you are an exempt employee as defined on that website, then you should file a claim with the California Department of Industrial relations, or talk to an employment attorney in your area.

Employment-LawExpert :

The CA DOIR website can be found here:

Employment-LawExpert :

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

Employment-LawExpert :

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.

Employment-LawExpert :

Hopefully this has fully answered your question. If you have additional questions or concerns, or if I have missed anything please do not hesitate to ask

Employment-LawExpert :

If you are fully satisfied with the answer, please do not forget to provide a rating in the middle or above so that I may receive credit for assisting you.

Employment-LawExpert :

If not, please do not forget to click reply to expert so that we may continue talking.

Employment-LawExpert :

I wish you the best in 2013. Have a wonderful rest of your day.

Expert:  Brandon, Esq. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  Brandon, Esq. replied 1 year ago.

Hello and thank you for your question today. It appears that you are having some trouble viewing my response to you so I will repost it here. If you have any questions or need additional clarification, please do not hesitate to ask.

Just because you are a salaried employee does not mean that you are not owed overtime, or meal or rest breaks. A salaried employee must be paid overtime unless they meet the test for exempt status as defined by federal and California law. If you do not satisfy the tests for exemptions, then you would have to be paid one and a half times your normal rate of pay for every hour worked over 8 in a day or over 40 in a week. To determine the amounts owed, you would Multiply your monthly remuneration by 12 (months) to get the annual salary. Divide the annual salary by 52 (weeks) to get the weekly salary. Then divide the weekly salary by the number of legal maximum regular hours (40 as defined in their company policy) to get the regular hourly rate.

To determine whether or not you fall under one of the exemptions, you should look here:

http://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm

If you do not believe that you are an exempt employee as defined on that website, then you should file a claim with the California Department of Industrial relations, or talk to an employment attorney in your area.

The CA DOIR website can be found here:

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

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.

Hopefully this has fully answered your question. If you have additional questions or concerns, or if I have missed anything please do not hesitate to ask

If you are fully satisfied with the answer, please do not forget to provide a rating in the middle or above so that I may receive credit for assisting you.

If not, please do not forget to click reply to expert so that we may continue talking.

I wish you the best in 2013. Have a wonderful rest of your day.

Expert:  Brandon, Esq. replied 1 year ago.

I wanted to write to check up to see if you had any additional questions or concerns concerning your question. If you do have additional questions or need additional clarification please do not hesitate to ask. Please remember that I do not know what you may already know or with that you need help with unless you tell me. If you have not provided a positive rating because you would like a different expert to answer your question, please ask and I will opt out of the question so that another expert may answer. If, however, you found the information helpful to you, please do not forget to provide me with a positive rating by clicking on one of the happy faces, or I will not receive any credit for my time in trying to assist you. Please keep in mind that even after a rating has been issued you can continue to ask questions related to the original post and I will be happy to answer them. If for some reason the rating feature is not working or you cannot find it, please write me back and let me know. Please remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law as it applies to your case. I wish you all the best in 2013.

Brandon, Esq., Lawyer
Satisfied Customers: 1651
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 2 other California Employment Law Specialists are ready to help you

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