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I drove a truck and was paid 25% of a hundred dollars an…

Customer Question
I drove a truck...

I drove a truck and was paid 25% of a hundred dollars an hour are

Lawyer's Assistant: What state is this in? And how old is the truck?

Are we entitled to overtime pay. it was in California and the truck was a 2016.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just wondering if being paid percentage if your entitled to overtime pay.

Submitted: 10 months ago.Category: Employment Law
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Answered in 5 minutes by:
9/26/2017
Employment Lawyer: Roy Hadavi,
 replied 10 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,501
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed California attorney with extensive labor law experience. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Roy Hadavi,
 replied 10 months ago

An employee is only not entitled to overtime if they are classified as an exempt employee. There are certain requirements to be an exempt employee.

You can click here to review the California Chamber of Commerce explanation of the different types of exempt employees, under the section titled Exemptions for California Employees.

If have reproduced it here for you to review:

  • Executive Exemption: The executive exemption usually is applied to managerial employees. However, managers still have to meet the requirements for the exemption. If they do not, they must be classified as nonexempt, unless they can meet one of the other exemptions.
  • Administrative​ Exemption: The administrative exemption applies to a wide variety of employees. However, not all employees whose jobs involve administrative work will meet the administrative exemption and must be classified as nonexempt.
  • Professional Employee ​Exemption: Although an employee commonly may be considered a "professional," there are specific legal requirements that must be met to qualify for the professional exemption.
  • Computer Professional Exemption: Although federal law has exempted certain computer professionals from overtime for a number of years, state law had no corresponding exemption. California law was amended in 2000 to create an overtime exemption, similar to its federal counterpart, for computer professionals.
  • Salesperson Exemption: For purposes of defining exempt vs. nonexempt status, salespeople are grouped into two categories: outside salespeople and inside salespeople.
  • Artist: Relatively few individuals qualify for exemption as members of artistic professions in California, since most of those who have sufficient control over the nature of their own work and over their work hours are self-employed.

Unless you fall into one of these exemptions, you are entitled to overtime pay, meal breaks and rest periods.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 10 months ago
The truck I drove was a 2016 Heavy Haul truck the truck was paid 120 to 140 an hour and I was paid 25% of $100 an hour with no overtime I could work anywhere from 8 to 15 hours a day as a truck driver was I entitled to overtime.
Employment Lawyer: Roy Hadavi,
 replied 10 months ago

What was your actual hourly pay?

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