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Advocacy Center for
Steven P. Cohn, Attorney
A recent trend in employment claims focuses on employers’ designation of workforce as “salaried/exempt”, being exempt from overtime pay, and, in some instances, rest and meal break requirements that are generally applicable to hourly paid employees. Exempt employees typically are management or administrative and professional employees whose regular duties include the exercise of discretion and independent judgment.
Recent challenges to the designation of staff as managers or salaried/exempt focus on what the employee actually does on a day to day basis. Where a manager is primarily doing the identical tasks performed by hourly staff, the salaried employee may have been “misclassified” and may be owed overtime pay. Similarly, managers who are not given sufficient managerial authority, through management of two or more staff, or are not paid at least double the minimum wage, have been held to be misclassified and entitled to overtime pay.
There are significant potential liabilities that companies face through use of “working” managers operating a cash register and stocking shelves, while, unfortunately, many organizations continue to abuse the exempt status by having its management staff fill in for hourly workers while not providing breaks or overtime pay for these “managers”. Where the managers’ actual duties become primarily those performed by hourly staff, the company is liable for the absence of breaks, overtime pay and penalties, computed at up to thirty days of the employee’s daily rate of pay. Further, retaliation for requesting these wages is a protected activity and is absolutely prohibited.
The Advocacy Center for Employment Law can evaluate any suspected misclassification and offers strong representation in resolution of these claims, including representation before the California Labor Commission and in both state and federal courts where necessary. The Advocacy Center for Employment Law often represents claimants on a contingency-fee basis, being paid only upon successful recovery for the client. If you have not been paid for hours worked or have not been provided breaks, the Advocacy Center has a strong track record in protecting you and asserting your claims, consistently winning large damage awards.
Have you been classified as“salaried/exempt”, being exempt from overtime pay, and, in some instances, rest and meal break requirements that are generally applicable to hourly paid employees?
The Advocacy Center for Employment Law can evaluate any suspected misclassification and offers strong representation in resolution of these claims.
The Advocacy Center for Employment Law provides strong representation, including the investigation of claims and assessment of damages, value and risk. Call for assistance today 408-557-0300.