Are you considered an exempt employee in San Jose? If you are a salaried worker, you might assume the answer to be yes. Many people do, and as a result, they are denied the compensation they are owed for their overtime hours. Overtime pay is a right not just for hourly workers; salaried employees may also be eligible for this type of income depending on their employment status. Knowing whether you are accurately classified as an exempt or non-exempt employee is the first step towards receiving the compensation you deserve.
1. Employment Status
Workers’ rights vary depending on whether you are an exempt employee or a non-exempt employee. The category that you fall into depends on the nature of your position. For instance, if you have an administrative or executive title, you may be exempt from overtime pay. However, many other positions carry a non-exempt status. One of the easiest ways to determine if you are a non-exempt employee is to track whether your wages have ever been reduced because you arrived late to work one day or had to leave early to pick up your child from school. If so, you are likely a non-exempt employee.
2. Overtime Stipulations
Under most circumstances, overtime pay is due to non-exempt employees who work more than 8 hours in a day, 40 hours in a week, or seven consecutive days in one workweek. Regardless of whether you work only a single hour past 40 hours once a month, or you regularly work 10 hours or more past 40 in a single week, you have the right to overtime pay.
3. Pay Request
Asking your employer to provide legitimately owed overtime pay is your right, but it should be done with the proper precautions in place. First, you should submit your overtime request with written documentation. Second, you may want to contact an employment attorney before you move forward with your request. A labor lawyer is well versed in workers rights and can help you get the wages you are due. Should your employer dismiss you for your overtime pay request, an employment attorney could prove integral to getting capable legal representation and a fair settlement for a wrongful termination claim.