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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 34881
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Re: California Overtime Law , I have BS and MS degree.

Customer Question

Re: California Overtime Law
I have BS and MS degree. Also have a c,p.a. license. Took a TEMPORARY job through a staffing company w/ a company. They were paying me overtime during this 3 month period. Then they said the staffing agency would allow them to hire me without paying a fee since it had been 3 months. I said ok. I receive a letter/offer w/ instructions to sign it and email it back to the HR director. The offer said I would make $45 hour would would equal about (they inserted the monthly total) per month. The offer also said I'm an exempt employee and overtime would be possible but since it said exempt they are saying I'm not due overtime. Next key point. The offer clearly said this is a TEMPORARY job only. I wasn't even a regular full time employee w/ health benefits etc; however, they decided they wanted to classify me as a full time exempt employee.
In the end Ive worked about 8-9 of FREE overtime. Nothing for overtime being paid. I remember some nights working till 10 and 11pm. I know it's totally crazy. I have a boss that obviously doesn't care of employee's health.
Now they finally offering me a FULL TIME regular job but saying I need to take a HUGE pay cut too and move to San Fran.
Question: Am I due overtime during the 8-9 months of working as a temporary salary employee? Duties: Basic bookkeeping tasks/accounting/quickbooks/cutting checks/Accts Payable/ Accts receivable.
I'm assuming the fact I has TEMP and not FULL TIME I maybe due OT.
State: CA
Submitted: 5 months ago.
Category: California Employment Law
Expert:  LawTalk replied 5 months ago.
Good morning Jack,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. The fact that a position is temporary and not guaranteed for the long term does not mean that you cannot be classified as an exempt employee. The two are not mutually exclusive. Given your advanced degree, it is likely that you were properly classified as salaried exempt and that you were not legally entitled to overtime pay. I am sorry. I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.Thank you in advance. I wish you the best in your future,Doug
Expert:  LawTalk replied 5 months ago.
Good morning Jack,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug

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