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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31217
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am a music teacher in music studio, as full time H1 employee.

Customer Question

I am a music teacher in music studio, as full time H1 employee. I work less than 30 hours per week. And I had agreement with employer, she can pay 70% of tuition to me. Employer paid the right amount of the H1 requirement pay, and this amount also close to the 70% tuition. Besides of salary. Can I claim the overtime like teaching material preparation, send the email or concert event or pickup the teaching material outside 1 times per month.... And claim overtime for the past 4 years.
Submitted: 6 years ago.
Category: Legal
Expert:  Roger replied 6 years ago.

If you work less than 40 hours a week and are salaried, you aren't likely eligible for overtime.

 

Here is a link to the Ca. Dept. of Labor that details eligibility: http://www.dir.ca.gov/dlse/FAQ_overtime.htm

 

 

Customer: replied 6 years ago.
Can I claim the overtime like teaching material preparation, send the email or concert event or pickup the teaching material outside 1 times per month.... And claim overtime for the past 4 years.
Expert:  Roger replied 6 years ago.
The statute if limitations for a wage claim is 2-4 years depending on the specific terms of our employment. http://74.125.47.132/search?source=gp&uipref=6&channel=gp1&og=gp&q=cache%3AVTsRZPsW6PwJ%3Awww.dir.ca.gov%2FDLSE%2FPolicies.htm

you will have to check with the Dept. of Labor for which limitation period applies to you.

That's assuming that you have a claim to any overtime wages. If the things you want to be paid for have never been paid by the employer and if your job description does not include pay for these things - prep time - it is not likely that the employer is going to be required to pay.

However, you can certainly file a wage claim and make your case.
Customer: replied 6 years ago.
I am afraid that I belongs to "Exemptions from the overtime laws".
I am music teacher, do I belongs to these group? Or not
Expert:  Roger replied 6 years ago.

I'm afraid that you don't have a claim for overtime to begin with. If you're not working more than 40 hours a week, and the work is not authorized by your employer as paid time, I don't think your odds are very good.

 

Again, you can file a wage claim with the Dept. of Labor, but I don't think your chances of prevailing are very good.

Customer: replied 6 years ago.
Thanks Final one -
I belongs to "Exemptions from the overtime laws"? Or Not
Expert:  Roger replied 6 years ago.
If you are exempt, you would not be eligible for overtime.
Roger and 5 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Thanks
Expert:  Roger replied 6 years ago.
No problem and good luck.

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