What You Need to Know About Wage Abuse
WAGE ABUSE
You deserve timely payment of all wages and commissions, and California law requires it.
YOU HAVE RIGHTS
1. Being correctly classified
2. Being paid for all hours worked
3. Being paid overtime
4. Being paid all commissions
THIS INCLUDES
In California, a typical non-exempt employee must be paid overtime if they work more than a specified number of hours in a day or week.
Regular pay for all hours worked over eight in a day or 40 in one workweek
1.5
TIMES
NON-EXEMPT EMPLOYEES MUST RECEIVE
Regular pay for all hours worked over 12 in any one workday
2.0
TIMES
NON-EXEMPT EMPLOYEES MUST RECEIVE
What if my employer says I am exempt from overtime pay?
YOU HAVE RIGHTS
1. Management "Executive" Exemption
2. High-level individuals "Administrative" Exemption
3. Those with advanced degrees, actors and artists "Professional" Exemption
COMMON EXEMPTIONS
FOUR EXAMPLES
OF INCORRECT EXEMPTIONS
EXECUTIVE IN NAME ONLY
A "store manager" who supervises a few employees and is paid a fixed salary but spends more than half her time stocking shelves and helping customers
INDIE SALESPERSONS
A highly-paid salesperson who spends more than half his time inside the office and earns less than half his income from commission
COMPUTER PROFESSIONALS
An I.T. person who earns a high salary but spends most of her time doing tech support. I.T. people outside of tech support may not be exempt either
HIGHLY PAID ADMINISTRATIVE STAFF
The Administrative exemption applies to non-managers who perform independent, strategic work. An executive assistant earning $90,000 per year is likely not exempt.
What if I am told I am an independent contractor?
California’s employers are some of the largest abusers of independent contractor status.
HAVE I BEEN MISCLASSIFIED?
The primary factor in determining whether you are employee is your employer's "right to control" your work. The less control you have, the more likely it is you have been misclassified
Questions to ask when determining classification:
Do you have to work at a specific time and place?
2.
1.
Experience. Empathy. Empowerment
Did you receive training and how closely are you directed?
Questions to ask when determining classification:
Does your employment end at a certain date?
4.
3.
Experience. Empathy. Empowerment
Are you paid a salary?
You can tip the balance of power in your favor and take on powerful employers and receive the pay you deserve.
YOU HAVE OPTIONS
“
The best part of my work is helping employees who have been treated unfairly obtain justice.
- Bryan McCormack
Our guarantee: you will receive personalized service every step of the way.