I've worked in several management positions in my life as a salary paid employee. You get use to 65 hour weeks and no lunch breaks because your making sure your team's needs are taken care of first. The burn out is real when you give 150% of yourself every day. Once your productivity levels drop to 120% (taking much needed time off) the company starts to worry that your just not as focused as you use to be. 🙄
heeeeeeeeeeeeeeeeeeeeeeeeeeeeell no no, to the no no noooooooooooooooooooo. This is why I will NOT go into management, or exempt. They can suck it. My company has a program where you can sell your PTO (paid time off) twice a year..... You only get paid 50% of that. no maam!
@@cloneNK1124 That's not a good worker then, who doesn't want to get more if you're busting your tail as a so-called good worker you'd be a fool not to take the job unless you don't want to take on more responsibility.
I'm an HR manager working for a company with 5 or so employees based in CA, these videos have been helpful in making sure we're keeping up with CA as well as federal law, thanks!
Wow, good for you Tiff. Although it should be emphasized that it's better to use anything on the Internet for educational purposes and to confirm relevant details with a lawyer. (Not that I am one.) I'm in Texas. So it is guaranteed a lot of specific laws will not apply to me, but the concepts sure are worth knowing.
With each successive video I've watched, I become more and more a fan of yours and what you bring to the public. Thanks for taking the time and sharing your expertise.
I had an IT job which was salary during the week, but I was also in the "on-call" rotation (after hours, weekends and holidays). Being on-call, you were paid a flat rate of $300 - often working from Friday evening until Monday morning or Tuesday (if there was a holiday) and this also included being woken up at all horrible hours. Never got paid for actual time, but I would consider "on call" as being "available" and when you need to work you clock in, but that's not how this company worked. You just got paid $300 - less taxes. When it was brought up, it was just stated with lots of vague answers. Simple to say, I left that place awhile ago. Where does California law fit into this type of job? Great videos by the way.
I don't know specifically about California, but in many jurisdictions, as an hourly waged employee, if you're present and ready for work at the demand of the employer then you must generally be paid even if the employer has no task to give you. If they don't want to pay you then they have to let you off work and can't keep you at their beck and call. This is usually defined primarily in terms of being present at the workplace, so it gets kind of iffy when working from home (or at least I don't know how the law treats it). But the same rule should still apply, so my best guess would be, if your "on call" time was spent being ready to work and left you unable to do much else, then they probably could not legally avoid paying you your hourly wage.
My Nebraska job doesn't pay anything for on-call shifts. If I have something come up outside normal hours, I can informally ask my boss if I can arrive late to work the next day
Hi, I am Attorney from Pakistan but I wish to become California bar admitted Attorney. I am 33 and confused about whether I should go for it or not. CA bar is the toughest bar. I found this video very informative and I can see the mindset of legislators through this video.
After watching this video, I believe I have been misclassified as a 1099 worker and have been getting treated as a W2 employee and on top of that I've not been compensated for overtime or missed breaks/meal breaks. I've only been in this position for about 1.5 months. What should I do? Do you have any videos specifically pertaining to 1099 vs W2 misclassification?
I was working as a police officer and they had us coming in in 30 min before shift and staying 30 after. We would also routinely work through lunch. If we did have any overtime, which was all the time, they would make us go home a few minutes early every day until we were even. So for instance if I had 8 hours of overtime from working on my off day they would send me home 30 minutes early every day until all the OT was gone they would take that off the 30 minutes extra they were making us work for free! Long story long, we all got checks after someone complained to wage and labor folks. It went back several years too it was a good size check.
In Indiana, we have a third classification, salaried non-exempt. That is a class whereby the employer pays overtime at time and a half for hours worked past 40 in a week on top of your base salary. I worked a job for 9 years in that pay classification.
MUSIC TOO TOO LOUD. GET RID OF ALL MUSIC Salary people should get overtime. They get paid more but they work many more hours but the massive amount of hours they work brings the salary down to a minimal amount. They're probably getting paid less than their subordinates.
I'm a salaried employee and I wasn't paid my biweekly salary during a pay period in which a holiday fell. I asked why I didn't get paid my full salary pay and I was told I don't get the pay from the holiday because I was in my 90 day probation period. I then asked if I was an exempt or non-exempt employee. I was then told I was exempt and that I will be receiving the remainder of my full salary I didn't originally receive. The next day I was fired for "the conflict I created with the higher ups". Do I have a case?
Where I work, we are considered "salary" employees, but we still have to clock in and clock out. We have to clock out for lunch as it is an unpaid meal break. We make roughly $20 per hour, so not bad but could be better for our skill level (civil designers and drafters, but not engineers). Our boss allows us to get overtime pay, but only after 45 hours per week. Anything under 45 hours is considered "expected from a salary employee." Also, our overtime is NOT counted if the week is cut short for a paid holiday. So if we work 10 hours each day for 4 days, it is only considered to be 40 hours "worked" and we don't actually get paid for the extra hours since holiday pay is counted separately from "worked" hours. Most of us are dubious about some of these policies but none of us know if we're getting a good deal or a bad deal, because it's so convoluted.
You missed to explain how companies dock exempt employees using their PTO hours when working half day. Example!: Under California law when an employee is exempt, you can work half day and still get a full days pays. My employer currently has this all wrong. They're using employees PTO hours to cover for the remaining full work day when in fact employees are exempt salary employees in the management department.
My boss is salary for a big discount retail store and she’s supposed to work more than full timers. Full timers work 37.5 per week. She suppose to work 42.5 hours per week. But because she’s salary and the company keeps the payroll tight she clocks in around 50 hours weekly. There are days she working 12 hours. Of course there are yearly bonus incentives if the store performs great. $20,000 bonus which I’m assuming is taxed like a bonus. With all the overtime she’s missing out and dilution of her salary, is it even worth the effort to move to management and have no life outside work? Is it even legal for corporations to take advantage of this loophole? There’s a lack of transparency it seems.
Interesting. I'm currently hourly. My employer approached me with a salary offer; 52k a year with 2 weeks paid vacation. My job is labor intensive (clean restaurants hood exhaust systems).
As a Store Manager, does non-manual labor mean that if the employee is also required under job duties to also do manual work (i.e. cashiering, physically receiving large shipments, processing of items, merchandising, floor sales, cleaning, etc.) in addition to doing all administrative work, that they are no longer exempt from receiving overtime at 50-70 hours a week? And what if said employee is being discouraged by the company from having any full-time employees under them that they oversee (2 full time minimum requirement)? To remain exempt, shouldn't the company require the exempt employee to have at least the 2 full time employees under them at all times if they are going to have them remain exempt? (This is in Texas)
I'm in the Los Angeles area and I'm also 1099 but feel I should be a W2, I'm in telemarketing sales, I'm being told that I HAVE to work at our company office even though I tried working from home but I'm not allowed to, no one in our company is, we all have to work from 8 AM - 5 PM, Mon-Fri, we have a scheduled lunch time, and even have a sales manager that supervises all of us in sales ( were all 1099), were also told what to wear to work ( business casual), and we use all the companies supplies (computers, printer, desks, chairs, etc). We're strictly paid by 100% commission. What are your thoughts on this? I feel like I should be W2, it seems like my boss is enjoying all the benefits of W2 but none of the negatives that come with it. He's getting the best of both worlds by saving money on us being 1099 and following what seems to be like W2 rules.
Some Businesses love to have it both ways. When you work 50-60 hours a week, You are Salary. Same job than says a few weeks after the holiday season when you work 25-30 hours a week you are Hourly. Isn't that Amazing how when the business Needs you for more than a 40 hour week you are Salary and when less you are Hourly.
I’m believe I’m in this situation currently. I am a maintenance manager working for a company that runs so lean that while being a manager I also have to be on the floor over 75% of the time doing the same work that I was doing before I was promoted. It to the point where I am not able to do my managerial duties as I feel I should be. I am actually making less per year than I would have if I had stayed in the tech position. Going based off of my time sheets before I was promoted to manager, I was averaging 18 hrs of OT a week. Sometime 10 all the way up to 40hour of OT. I feel like the OT has only gone up since then with the added job duties. I feel like if I were able to hire more techs this would clear the issue but I feel like I have been putting in hundreds of hours a year into this company for free.
I’ve been a RE Paralegal for fifteen years and have mostly always been non exempt hourly and rarely had to work OT. I recently accepted a new position and am required to work 10-12 hour days with no lunch break or any break at all and told I’m exempt. I mentioned due to my health I can’t do this and my boss said it’s just how it is. It’s very unreasonable. I happen to have a law degree but not licensed attorney. My offer letter specified hourly rate 40 hours week, but exempt. I have been working 60 hours/week and it is only my 2nd week. Is this legal in CA? I work in house for a profit Corp but smaller with around 300 employees.
If your offer letter stated 40 but you are working 60, you need to bring this to your employer’s attention. If they do nothing, you have a possible legal case.
YES! My boss says I owe her money if I miss time on salary. I live in South Carolina. Let’s say I’m on salary for 45 hours a week, if I miss a d@y, she schedules me the next week extra hours to make up the hours I owe. I get NO lunch, non15 minute breaks… nothing.
I used to work for a newspaper as a Sales Executive as a Salaried Employee. As the industry is getting irrelevant, management had HR had all the Sales Executive positions changed to an hourly status and allowed no Overtime.
I am an exempt employee being treated as hourly. For example, my boss tells me I have to work 40 hours a week while he himself ( also exempt) has rarely done so in the last two years at least. He has forced me to put pto ( paid time off) in time-tracker for 1-2-3 hours when I had to pick up my kids etc. i learnt much later ( during the last year or so) that I have to put pto in half day increments ( 4 or 8 hours). Additionally, from what I have learnt from one of your videos, I really do not have any discrecsion in running my business or make decisions I think are best for my clients or even the company. Can you make a video about salaried/exempt employees and their rights? Many thanks
I think you start with seeing a lawyer. A labor lawyer, that is. (NOT your HR department!) An initial consult with a lawyer will usually not cost you, and will result in useful information on how to proceed. (If the lawyer wants to charge for an initial meeting, unless it's a small nominal fee, I would look for another lawyer that doesn't charge. If you live in a very small town with no labor lawyer, find one elsewhere in your state.) I did this once, and got a lot of useful information on how to proceed just from that one meeting. Afterwards I felt empowered. I knew what to do to protect myself, did those things, and felt much better about myself. I might have continued on with the lawyer, but in the meantime I found another job, and decided not to pursue justice. The next job was a much better one, I was able to recover my self esteem, and I also learned a lot about protecting myself in a corporate environment. One if the smartest things I ever did was to see that lawyer!
I'm interviewing for many entry-level positions that *seem* like they very well should be Non-Exempt based on their job descriptions. However, they're classified as Exempt anyway. I'm always asking for the FLSA status during my phone screens whenever it's not on the job description itself, and I'm consistently shocked at how many of these jobs are Exempt when they have no business being Exempt. What steps should I take *before* accepting a job offer for a job claiming to be Exempt when the job description doesn't line up?
If employers are using exempt status to get rid of overtime pay obligations, how is it that you computer your hourly rate by just dividing salary by 2000 h/y? Let's say they're acting in good faith and proper staffing levels, but business is not steady, so half your weeks are 30h and half are 50h. That would be 250 overtime hours per year, or 6% per year. Is the salary not adjusted up 5-15% from 2000h x hourly rate?
I like the way you did your video. The editing was very entertaining. Whoever does your editing is doing a good job. If you learned how to do it yourself, kudos to you 👍
I live in Mississippi. I started a new job 2 weeks ago. When I was hired I was told it was 40 hours a week @ $10/hr. I then found out that we get no OT. The owner said that I was on salary. I'm confused.
Sadly, Salaried workers who earn over 29k a year (which is barley $13 /hr) are only eligible for overtime pay for hours worked beyond 80hrs in a week. Was the Hours you'd be expected to work written down in the job offering, or anywhere else? If so you have substantial leverage to use in negotiations with your employer.
@@Preacher_. No. Our hours were 8AM to 5PM. They wanted us to be clocked in at 745 and clocked out at 515. Thats 30 minutes a day I waa NOT being paid for. So basically 2.5 hours of overtime a week I was loosing.
@@rebeleagle75 That's blatant wage theft... I'm not familiar with Mississippi labor laws, but federally, if you're paid less than 29k a year as a "salaried" employee- you're 100% eligible for overtime pay (time and a half) for any hours worked above 40 in a given week. You should give the Wage & Hour Division of the Department of Labor a call & run it by them. They're there to help you, and they'll know all the applicable laws for your circumstance. www.dol.gov/agencies/whd/contact/complaints
Companies get around paying computer professionals salary by leveraging contract work. This results in no health, etc benefits. This is standard practice at Bay Area tech companies.
My Union represents Nurses and Staff at Tripper Army Medical Center in Hawaii. Their mid-level management work leader etc. has been classified as exempt employees to avoid paying them overtime. We know it's a violation but we can't represent the workers in this area because their old contact excludes them and most of the federal workers in the unit are afraid of rocking the boat. I think this is a Nationwide Problem in both VA and DoD hospitals & clinics.
Sir. You are the coolest at explaining these things. I may have to contact you from the midstate of CA. You have just about persuaded me against going the labor board route. I have other related complaints I may not win with this same employer. I did my own investigation on him, but realize I have little proof aside from people who know, but are too afraid to come forth. The lies have been for many years. He, the owner personally got caught forging 2 legal docs, putting my license on the line, then blamed it on his #1 secretary, who told me she only did what "Jer#*" told her to do. She fears for her job, so she won't report it. He forged at least 2 backflow test forms that, in the worst case scenario, could have caused illness or death, with my forged name on them, and lied to me and 2 top officials about this. This is only the icing on the cake!! I could go on for at least an hour. Sir, you make class A vids!!
I'm a non exempt hourly employee in a healthcare facility, but I am required to be "on-call" for a week every month. This requires me to often work hours of overtime texting, emailing, and working on documents. My employer says that I do not get paid for this time because it was "part of the job description". It was my understanding that any non exempt employee who has to work overtime must be paid time and a half by the company. Is this legal??
Even though we filed with the labor board one year my friend & I were not given anything extra, in other words even though the company knew they owed us paychecks and failed to pay us, they were not penalized for withholding our monies. Dept of Labor seems to be on the employers side.
Correct me if I'm wrong, but there is a baseline of this issue set by federal law, the Fair Labor Standards Act (FLSA). You can find details on the Department of Labor website. If you are a federal employee, there is a separate set of regulations that apply FLSA to them (5CFR). I successfully filed a FLSA claim with OPM as a federal employee.
Correct. CA and Federal law are usually very similar. They mirror each other in many ways, but CA law is usually stronger for employees. And yes, different regulations apply to different types of employees.
I see you skipped one classification. It's called salary non-exempt. It pays just like hourly employee but overtime is paid at half the hourly rate. So your first 40 during your work week is paid at your regular rate and anything past 40 hours during the work week is paid at half your hourly rate.
If you are a delivery driver for a contractor of FedEx should you be getting overtime? I drive a vehicle under 10,000lbs. Also last month in December I worked everyday from December 2rd until I finally got Christmas day off so it was 22 days straight then worked from December 26th till my next day off on January 1st. I'm in Oregon is this legal? I started 4yrs ago working 5 days a week. Since December 2018 has been 6 days a week and they are now moving to 7 days a week. Oh I'm on salary also.
Can the boss of a small service business come in one day and tell you he is no longer paying you hourly, and now only paying you commission on the money you bring in every day.
What About the Gig Workers? Ie Uber,Lyft, Doordash etc I've done work for them in Texas not California just FYI I don't play Ubers 1099 games I was a misclassified W2 employee that Uber claimed was 1099!! So the Money 💰 I earned became Tax Free cause Uber failed to send me a W2!! Same with millions of other drivers!! The platform sets the Rate of pay therefore they are an employer!! If I set the Rates and tell Uber how much they are getting I would be 1099!!
Is the exempt or non-exempt status written on any official paperwork or is it implied by these classifications? I guess what Im asking is if there is any documentation I might want to look for where I can see exactly how my employer is classifying me?
I am a tax accountant and from January 15 to April 15, we worked LONG hours. Then the partner of the accounting firm "let-go" some of us citing at-will employment and we're no longer needed. Can we get over time pay for those hours, even though we came in as exempt FT employees? I get this feeling that the partners deliberately did this on purpose to take advantage of the tax accountants.
Hello! I think I have been working more than 114 hours and sometimes, I feel that my boss just want me to pay 100 hours regular pay, and 14 hours overtime pay. My question is: Why he pays me 100 hours regular pay when he supposed to pay me 80 hours regular pay and 34 hours over time or some of the 34 hours should be pay double time ?
Thanks but here is my confusion; So if i am an exempt employee but they demand you to work 9-6, what should i do? The company offers flex time and i have transportation issue so due to the bus schedule, offered to come by 9:15 and take lunch for 45 mins instead of an hour, and leave at 6:00, and they say “no, you either come earlier than 9 to have your regular 9-6 or at least increment by 30 mins to make it 9:30-6:30. Is this legal for them to force me to work certain hours when i am exempt?
I just became a supervisor in training and performing tasks with supervision and been working 70 hours way before and now im still working 70 hours per week in the office and Dock.what am i to do i dont feel like i need to leave because im like a super combo for them i can do it all, and a fast learner.
I don’t see supervisors in any of these categories. I am a n “exempt” supervisor on non-represented employees. Who are also exempt, but we’re granted an overtime exception. Other peers in my group, same grade level, similar work but not supervisory, also have an overtime exception. I have been 8n the job over 20 years and work an average of 40% OT hours. I figure 40 % of 20 years = 8 years, at 1.5x = 12 years equivalent of OT pay I have been cheated out of.
Would you still get a good reference if you bring these issues up or ask for a servence pay for concerns of doing things outside of your administrative duties. Or are they covered by their “and other duties as needed”?
I worked 3, 8hr days out of a week, for day one i did 1hr OT, 2nd day 2hr OT, 3rd day 1hr OT a total of 4hr OT. My reg hrs are correct but I only got paid for 1hr OT. I get paid every week. Am I missing OT hrs? did the employer make a mistake?? Or am I wrong?🤦🏻♂️
How come when you work a salary there is always some reason you can't work under 40 hours. Such as you must be here from x to x but always have some reason you work more than 40. IF you leave early you have to take PTO. I mean even an hour early. Why does it not go both ways? You can work 20 hours in a day is ok but if you leave 1 hour early you get docked in pto or sick.
Generally, if you're non exempt employee, then they must but if you're exempt, then they might not have to. e.g., if you're under a contract which stated that or qualified for any wage order exemption)
Great Video !! I work with advertising, i guess I fit the Professional exemption... this means my employer is FREE to exploit me as much as they want? this explains why I am working Unpaid Overtime on a DAILY basis. This can't be it, right?
Heh. That's exactly what your company can do. You are actually doing the work of two people, and the company is happy to let you continue. You might try and see a lawyer, but you might find out that there is not a whole lot you can do, except to try and find another job with a kinder employer. Of course, this is hugely disruptive on you and your family if you might have to move for that job, or if you're an older employee who may have a lot invested already (pension, vacations, other perks) and may have trouble finding another job due to covert age discrimination. Or you can "slow roll" your job, and start politely but firmly explaining to your manager why you can't get everything done. (This is where a lawyer might be able to help you start drawing your boundaries. How to word things, for example, or how to document your work events.)
Thank you so much for all this affirmation what about the harassment at work?????? Please if you can do a video for that because my supervisor harassed me there fire me sometime
Can you talk about classifying people as actual employees or independent contractors? I believe I might have been misclassified as an independent contractor by a California based company. Can a company just say you are an independent contractor and handle your tax withholding as such?
So what is it when your told your salaried up to 40 hours then hourly after that and "required" 50 hrs a week but the hourly is under minimum wage and goes down the more you work on top of 0 breaks and according to computer records 0 overtime when working 60+ hour work weeks. I've asked my employer to explain several times with no success
@@tedd7661 that's over $21 an hour. Great, if you're working a straight 40 hours week. Or if you're allowed time off for personal business (doctors' appointments, etc) without losing pay or having to make up your hours. However, at 50 hours per week ("only" 10 hours more a week), that comes out to $17 per hour. You have given up your free time and thus reduced what you could have earned at a fair wage.
Loooove this information and I have been spreading it as well. But I'm interested if their are any specific things I should know regarding freelance employees. I'm a motion graphic freelancer (in CA) and when I get hired for a job (2-6 weeks) they ask for my "day rate," and pay me as a 1099 employee. Is this wrong by the company? I'm working in their offices using their computers. I'd love your input. Or maybe you're working on a freelancer laws video? I know a lot of people that need that info.
I'm a junior estimator (my bosses name for me not lead estimator) for a construction company and not getting overtime I am part of the union we are signatory to My salary is set at 35 hours a week I get lunch and breaks but not overtime is there anything I can do?
@branigan robertson I'm in this exact predicament myself. Can option 5 just be letting your HR person know and communicate the situation to them directly first?
Going to your company's hr dept is in my opinion not a good idea..they are there to protect the company...you complain you get red flagged..you get red flagged you be the first to go..in my opinion
HR is NOT who you should see. See a labor lawyer first. HR only exists to protect the company, and are not required to help you no matter what they might want you to believe. The lawyer may counsel you to see HR, but only as a step in playing the corporate HR game, and with a specific purpose in mind -- such as documenting your case.
Can an Administrative Assistant who is salaried (for under 30k a year) and whose designated hours are 30hrs a week) work through her lunch hour and accumulate that hr as a "comp" hour and then take the accumulated hrs off at a later time, as long as they are not working more than 40 total hours a week?
![Stromae, Pomme - “Ma Meilleure Ennemie” (from Arcane Season 2) [Official Visualizer]](http://i.ytimg.com/vi/1F3OGIFnW1k/mqdefault.jpg)
I've worked in several management positions in my life as a salary paid employee. You get use to 65 hour weeks and no lunch breaks because your making sure your team's needs are taken care of first. The burn out is real when you give 150% of yourself every day. Once your productivity levels drop to 120% (taking much needed time off) the company starts to worry that your just not as focused as you use to be. 🙄
This is why you never give 150% unless it is your own gig. They deserve your 100%, nothing more.
Happens often
This is why good workers will not take management.
heeeeeeeeeeeeeeeeeeeeeeeeeeeeell no no, to the no no noooooooooooooooooooo. This is why I will NOT go into management, or exempt. They can suck it. My company has a program where you can sell your PTO (paid time off) twice a year..... You only get paid 50% of that. no maam!
@@cloneNK1124 That's not a good worker then, who doesn't want to get more if you're busting your tail as a so-called good worker you'd be a fool not to take the job unless you don't want to take on more responsibility.
I'm an HR manager working for a company with 5 or so employees based in CA, these videos have been helpful in making sure we're keeping up with CA as well as federal law, thanks!
You are welcome! That is why I'm making them! Thanks for the feedback.
Our HR manager quit!
Wow, good for you Tiff. Although it should be emphasized that it's better to use anything on the Internet for educational purposes and to confirm relevant details with a lawyer. (Not that I am one.) I'm in Texas. So it is guaranteed a lot of specific laws will not apply to me, but the concepts sure are worth knowing.
Yup, my company had a lawyer on retainer but these videos are great starting points.
With each successive video I've watched, I become more and more a fan of yours and what you bring to the public. Thanks for taking the time and sharing your expertise.
I had an IT job which was salary during the week, but I was also in the "on-call" rotation (after hours, weekends and holidays). Being on-call, you were paid a flat rate of $300 - often working from Friday evening until Monday morning or Tuesday (if there was a holiday) and this also included being woken up at all horrible hours. Never got paid for actual time, but I would consider "on call" as being "available" and when you need to work you clock in, but that's not how this company worked. You just got paid $300 - less taxes. When it was brought up, it was just stated with lots of vague answers. Simple to say, I left that place awhile ago. Where does California law fit into this type of job? Great videos by the way.
I don't know specifically about California, but in many jurisdictions, as an hourly waged employee, if you're present and ready for work at the demand of the employer then you must generally be paid even if the employer has no task to give you. If they don't want to pay you then they have to let you off work and can't keep you at their beck and call. This is usually defined primarily in terms of being present at the workplace, so it gets kind of iffy when working from home (or at least I don't know how the law treats it). But the same rule should still apply, so my best guess would be, if your "on call" time was spent being ready to work and left you unable to do much else, then they probably could not legally avoid paying you your hourly wage.
My Nebraska job doesn't pay anything for on-call shifts. If I have something come up outside normal hours, I can informally ask my boss if I can arrive late to work the next day
Here in CA it's called Weekend relief..flat pay 50.00 if you do any work you get extra pay
Hi, I am Attorney from Pakistan but I wish to become California bar admitted Attorney. I am 33 and confused about whether I should go for it or not. CA bar is the toughest bar.
I found this video very informative and I can see the mindset of legislators through this video.
Wow, that music is distracting. The content is great.
After watching this video, I believe I have been misclassified as a 1099 worker and have been getting treated as a W2 employee and on top of that I've not been compensated for overtime or missed breaks/meal breaks. I've only been in this position for about 1.5 months. What should I do?
Do you have any videos specifically pertaining to 1099 vs W2 misclassification?
I was working as a police officer and they had us coming in in 30 min before shift and staying 30 after. We would also routinely work through lunch. If we did have any overtime, which was all the time, they would make us go home a few minutes early every day until we were even. So for instance if I had 8 hours of overtime from working on my off day they would send me home 30 minutes early every day until all the OT was gone they would take that off the 30 minutes extra they were making us work for free! Long story long, we all got checks after someone complained to wage and labor folks. It went back several years too it was a good size check.
Excellent Video! Please eliminate the background music!
In Indiana, we have a third classification, salaried non-exempt. That is a class whereby the employer pays overtime at time and a half for hours worked past 40 in a week on top of your base salary. I worked a job for 9 years in that pay classification.
MUSIC TOO TOO LOUD. GET RID OF ALL MUSIC
Salary people should get overtime. They get paid more but they work many more hours but the massive amount of
hours they work brings the salary down to a minimal amount. They're probably getting paid less than their subordinates.
I'm a salaried employee and I wasn't paid my biweekly salary during a pay period in which a holiday fell. I asked why I didn't get paid my full salary pay and I was told I don't get the pay from the holiday because I was in my 90 day probation period. I then asked if I was an exempt or non-exempt employee. I was then told I was exempt and that I will be receiving the remainder of my full salary I didn't originally receive. The next day I was fired for "the conflict I created with the higher ups". Do I have a case?
The stated reason on its face sounds like a retaliatory firing. That's probably a case even before the unpaid salary.
Where I work, we are considered "salary" employees, but we still have to clock in and clock out. We have to clock out for lunch as it is an unpaid meal break. We make roughly $20 per hour, so not bad but could be better for our skill level (civil designers and drafters, but not engineers). Our boss allows us to get overtime pay, but only after 45 hours per week. Anything under 45 hours is considered "expected from a salary employee." Also, our overtime is NOT counted if the week is cut short for a paid holiday. So if we work 10 hours each day for 4 days, it is only considered to be 40 hours "worked" and we don't actually get paid for the extra hours since holiday pay is counted separately from "worked" hours. Most of us are dubious about some of these policies but none of us know if we're getting a good deal or a bad deal, because it's so convoluted.
You missed to explain how companies dock exempt employees using their PTO hours when working half day.
Example!: Under California law when an employee is exempt, you can work half day and still get a full days pays.
My employer currently has this all wrong. They're using employees PTO hours to cover for the remaining full work day when in fact employees are exempt salary employees in the management department.
this is so much better to watch than read about it
WOW! your vids are informative, super easy to understand & extremely helpful. Many thanks!
My boss is salary for a big discount retail store and she’s supposed to work more than full timers. Full timers work 37.5 per week. She suppose to work 42.5 hours per week. But because she’s salary and the company keeps the payroll tight she clocks in around 50 hours weekly. There are days she working 12 hours. Of course there are yearly bonus incentives if the store performs great. $20,000 bonus which I’m assuming is taxed like a bonus. With all the overtime she’s missing out and dilution of her salary, is it even worth the effort to move to management and have no life outside work? Is it even legal for corporations to take advantage of this loophole? There’s a lack of transparency it seems.
very informative video on misclassified as exempt thanks.
You are very welcome.
If I put exempt on my application .. And work 60 hrs a week . and my hr pay is 14$ .. What will my check look like ..a week.. . plz get back to me...
Interesting. I'm currently hourly. My employer approached me with a salary offer; 52k a year with 2 weeks paid vacation. My job is labor intensive (clean restaurants hood exhaust systems).
Oh man, that was informative.
I need to dig into PA law. If it is close to CA I will have lawyers begging me to take my case!!!
Why is there annoying music with words in the video it’s so distracting lol
Love your very educational videos. Background music a little distracting!
As a Store Manager, does non-manual labor mean that if the employee is also required under job duties to also do manual work (i.e. cashiering, physically receiving large shipments, processing of items, merchandising, floor sales, cleaning, etc.) in addition to doing all administrative work, that they are no longer exempt from receiving overtime at 50-70 hours a week? And what if said employee is being discouraged by the company from having any full-time employees under them that they oversee (2 full time minimum requirement)? To remain exempt, shouldn't the company require the exempt employee to have at least the 2 full time employees under them at all times if they are going to have them remain exempt? (This is in Texas)
I'm in the Los Angeles area and I'm also 1099 but feel I should be a W2, I'm in telemarketing sales, I'm being told that I HAVE to work at our company office even though I tried working from home but I'm not allowed to, no one in our company is, we all have to work from 8 AM - 5 PM, Mon-Fri, we have a scheduled lunch time, and even have a sales manager that supervises all of us in sales ( were all 1099), were also told what to wear to work ( business casual), and we use all the companies supplies (computers, printer, desks, chairs, etc). We're strictly paid by 100% commission. What are your thoughts on this? I feel like I should be W2, it seems like my boss is enjoying all the benefits of W2 but none of the negatives that come with it. He's getting the best of both worlds by saving money on us being 1099 and following what seems to be like W2 rules.
Thanks for spreading the light throughout the planet. 💐🙏
Some Businesses love to have it both ways. When you work 50-60 hours a week, You are Salary. Same job than says a few weeks after the holiday season when you work 25-30 hours a week you are Hourly. Isn't that Amazing how when the business Needs you for more than a 40 hour week you are Salary and when less you are Hourly.
That’s illegal
I’m believe I’m in this situation currently. I am a maintenance manager working for a company that runs so lean that while being a manager I also have to be on the floor over 75% of the time doing the same work that I was doing before I was promoted. It to the point where I am not able to do my managerial duties as I feel I should be. I am actually making less per year than I would have if I had stayed in the tech position. Going based off of my time sheets before I was promoted to manager, I was averaging 18 hrs of OT a week. Sometime 10 all the way up to 40hour of OT. I feel like the OT has only gone up since then with the added job duties. I feel like if I were able to hire more techs this would clear the issue but I feel like I have been putting in hundreds of hours a year into this company for free.
I’ve been a RE Paralegal for fifteen years and have mostly always been non exempt hourly and rarely had to work OT. I recently accepted a new position and am required to work 10-12 hour days with no lunch break or any break at all and told I’m exempt. I mentioned due to my health I can’t do this and my boss said it’s just how it is. It’s very unreasonable. I happen to have a law degree but not licensed attorney. My offer letter specified hourly rate 40 hours week, but exempt. I have been working 60 hours/week and it is only my 2nd week. Is this legal in CA? I work in house for a profit Corp but smaller with around 300 employees.
If your offer letter stated 40 but you are working 60, you need to bring this to your employer’s attention. If they do nothing, you have a possible legal case.
YES! My boss says I owe her money if I miss time on salary. I live in South Carolina. Let’s say I’m on salary for 45 hours a week, if I miss a d@y, she schedules me the next week extra hours to make up the hours I owe. I get NO lunch, non15 minute breaks… nothing.
Everything he is saying only applies to workers in CA.
I used to work for a newspaper as a Sales Executive as a Salaried Employee. As the industry is getting irrelevant, management had HR had all the Sales Executive positions changed to an hourly status and allowed no Overtime.
If you are a federal worker in California, what does OT should be? Over 40? or after 8 hours and 40/week?
BOTH. Said right in the beginning
I am an exempt employee being treated as hourly. For example, my boss tells me I have to work 40 hours a week while he himself ( also exempt) has rarely done so in the last two years at least. He has forced me to put pto ( paid time off) in time-tracker for 1-2-3 hours when I had to pick up my kids etc. i learnt much later ( during the last year or so) that I have to put pto in half day increments ( 4 or 8 hours). Additionally, from what I have learnt from one of your videos, I really do not have any discrecsion in running my business or make decisions I think are best for my clients or even the company. Can you make a video about salaried/exempt employees and their rights? Many thanks
I think you start with seeing a lawyer. A labor lawyer, that is. (NOT your HR department!) An initial consult with a lawyer will usually not cost you, and will result in useful information on how to proceed. (If the lawyer wants to charge for an initial meeting, unless it's a small nominal fee, I would look for another lawyer that doesn't charge. If you live in a very small town with no labor lawyer, find one elsewhere in your state.) I did this once, and got a lot of useful information on how to proceed just from that one meeting. Afterwards I felt empowered. I knew what to do to protect myself, did those things, and felt much better about myself. I might have continued on with the lawyer, but in the meantime I found another job, and decided not to pursue justice. The next job was a much better one, I was able to recover my self esteem, and I also learned a lot about protecting myself in a corporate environment. One if the smartest things I ever did was to see that lawyer!
I'm interviewing for many entry-level positions that *seem* like they very well should be Non-Exempt based on their job descriptions. However, they're classified as Exempt anyway. I'm always asking for the FLSA status during my phone screens whenever it's not on the job description itself, and I'm consistently shocked at how many of these jobs are Exempt when they have no business being Exempt.
What steps should I take *before* accepting a job offer for a job claiming to be Exempt when the job description doesn't line up?
At my last job the office staff were all Salary, got paid vacation, and were female. The warehouse staff were Hourly, no vacation, and male.
Very informative video but annoying background music
ok thank u King this was so thorough and easy to follow
LOL
If employers are using exempt status to get rid of overtime pay obligations, how is it that you computer your hourly rate by just dividing salary by 2000 h/y? Let's say they're acting in good faith and proper staffing levels, but business is not steady, so half your weeks are 30h and half are 50h. That would be 250 overtime hours per year, or 6% per year. Is the salary not adjusted up 5-15% from 2000h x hourly rate?
I like the way you did your video. The editing was very entertaining. Whoever does your editing is doing a good job. If you learned how to do it yourself, kudos to you 👍
I live in Mississippi. I started a new job 2 weeks ago. When I was hired I was told it was 40 hours a week @ $10/hr. I then found out that we get no OT. The owner said that I was on salary. I'm confused.
Sadly, Salaried workers who earn over 29k a year (which is barley $13 /hr) are only eligible for overtime pay for hours worked beyond 80hrs in a week.
Was the Hours you'd be expected to work written down in the job offering, or anywhere else? If so you have substantial leverage to use in negotiations with your employer.
@@Preacher_. No. Our hours were 8AM to 5PM. They wanted us to be clocked in at 745 and clocked out at 515. Thats 30 minutes a day I waa NOT being paid for. So basically 2.5 hours of overtime a week I was loosing.
@@rebeleagle75 That's blatant wage theft... I'm not familiar with Mississippi labor laws, but federally, if you're paid less than 29k a year as a "salaried" employee- you're 100% eligible for overtime pay (time and a half) for any hours worked above 40 in a given week.
You should give the Wage & Hour Division of the Department of Labor a call & run it by them. They're there to help you, and they'll know all the applicable laws for your circumstance.
www.dol.gov/agencies/whd/contact/complaints
Companies get around paying computer professionals salary by leveraging contract work.
This results in no health, etc benefits.
This is standard practice at Bay Area tech companies.
My Union represents Nurses and Staff at Tripper Army Medical Center in Hawaii. Their mid-level management work leader etc. has been classified as exempt employees to avoid paying them overtime. We know it's a violation but we can't represent the workers in this area because their old contact excludes them and most of the federal workers in the unit are afraid of rocking the boat. I think this is a Nationwide Problem in both VA and DoD hospitals & clinics.
Sir. You are the coolest at explaining these things. I may have to contact you from the midstate of CA. You have just about persuaded me against going the labor board route. I have other related complaints I may not win with this same employer. I did my own investigation on him, but realize I have little proof aside from people who know, but are too afraid to come forth. The lies have been for many years. He, the owner personally got caught forging 2 legal docs, putting my license on the line, then blamed it on his #1 secretary, who told me she only did what "Jer#*" told her to do. She fears for her job, so she won't report it. He forged at least 2 backflow test forms that, in the worst case scenario, could have caused illness or death, with my forged name on them, and lied to me and 2 top officials about this. This is only the icing on the cake!! I could go on for at least an hour. Sir, you make class A vids!!
As a salary employee are the bonuses included to meet the minimum non exempt base salary? Asking since it was updated in 2024
I am so stuck in a bind I work for my family and they're doing this exact same thing. Heart is torn 💔
Sue them, if they really loved you they wouldn’t treat you like that
I'm a non exempt hourly employee in a healthcare facility, but I am required to be "on-call" for a week every month. This requires me to often work hours of overtime texting, emailing, and working on documents. My employer says that I do not get paid for this time because it was "part of the job description". It was my understanding that any non exempt employee who has to work overtime must be paid time and a half by the company. Is this legal??
Absolutely illegal. Look for a new job.
From what I've read, a company can require overtime or on call, but you must be paid for it.
@@waitaminute2015 Only if your non-exempt. An exempt employee can work overtime (over 40 hours per week) and won’t be paid for it. They earn a salary.
@@mkeptrangli The posted comment said she is non exempt hourly.
Dude, turn off the background music. It's super distracting and hard to hear you over it.
If an employee is exempt and calls sick after a holiday, does the employer have the right to deduct two days of pay from that employee? (we are in CA)
I'm confident the answer is no. But I would have to look it up to be certain.
Even though we filed with the labor board one year my friend & I were not given anything extra, in other words even though the company knew they owed us paychecks and failed to pay us, they were not penalized for withholding our monies. Dept of Labor seems to be on the employers side.
I live in Ohio, I’m a level 3 doing a level 6 job. Is there a law stating if a person works in a higher position, they should be compensated?
Correct me if I'm wrong, but there is a baseline of this issue set by federal law, the Fair Labor Standards Act (FLSA). You can find details on the Department of Labor website. If you are a federal employee, there is a separate set of regulations that apply FLSA to them (5CFR). I successfully filed a FLSA claim with OPM as a federal employee.
Correct. CA and Federal law are usually very similar. They mirror each other in many ways, but CA law is usually stronger for employees. And yes, different regulations apply to different types of employees.
Very affirmative. Wish I could find a video like this but for Texas.
I signed off on a salary paying six figures and I only have to come to the office once a week, I’ll take it.
i was really curious about my job i am a truck driver i work like 60 plus hours straight time an we dont get over time
Truck drivers are governed by some different rules. Some wage & hour laws apply differently to them.
what about civil engineer or construction site engineer.
do they paid hourly?
because usually they work more than 40 hours per week
I see you skipped one classification. It's called salary non-exempt. It pays just like hourly employee but overtime is paid at half the hourly rate. So your first 40 during your work week is paid at your regular rate and anything past 40 hours during the work week is paid at half your hourly rate.
If you are a delivery driver for a contractor of FedEx should you be getting overtime? I drive a vehicle under 10,000lbs. Also last month in December I worked everyday from December 2rd until I finally got Christmas day off so it was 22 days straight then worked from December 26th till my next day off on January 1st. I'm in Oregon is this legal? I started 4yrs ago working 5 days a week. Since December 2018 has been 6 days a week and they are now moving to 7 days a week. Oh I'm on salary also.
You have to call an Oregon lawyer.
@@braniganrobertsonlaw thank you
MUSIC: Are you a serious attorney or trying to relive your youth at an afterhours club? Love your very informative videos.
Yeah... I know.... I had no idea what I was doing when I made this video.... Sorry. :)
Thank you, very informative.
I used to think the 30 min lunch break was a lot until I moved to a red state and now have a 1 hour lunch break
My employer is making me use vacation time to make up for missed time during holidays. Is this legal?
Are pastors exempt even if they don’t meet the minimum salary? Not sure if housing allowance has anything to do with it
Can the boss of a small service business come in one day and tell you he is no longer paying you hourly, and now only paying you commission on the money you bring in every day.
What About the Gig Workers?
Ie Uber,Lyft, Doordash etc
I've done work for them in Texas not California just FYI
I don't play Ubers 1099 games
I was a misclassified W2 employee that Uber claimed was 1099!!
So the Money 💰 I earned became Tax Free cause Uber failed to send me a W2!! Same with millions of other drivers!! The platform sets the Rate of pay therefore they are an employer!! If I set the Rates and tell Uber how much they are getting I would be 1099!!
Is the exempt or non-exempt status written on any official paperwork or is it implied by these classifications? I guess what Im asking is if there is any documentation I might want to look for where I can see exactly how my employer is classifying me?
John Deere in IL make their well some of their supervisors work 80 90 hours a week and 8 hours a day during their vacation is that legal????
I am a tax accountant and from January 15 to April 15, we worked LONG hours. Then the partner of the accounting firm "let-go" some of us citing at-will employment and we're no longer needed. Can we get over time pay for those hours, even though we came in as exempt FT employees? I get this feeling that the partners deliberately did this on purpose to take advantage of the tax accountants.
Hello! I think I have been working more than 114 hours and sometimes, I feel that my boss just want me to pay 100 hours regular pay, and 14 hours overtime pay. My question is: Why he pays me 100 hours regular pay when he supposed to pay me 80 hours regular pay and 34 hours over time or some of the 34 hours should be pay double time ?
Thanks but here is my confusion; So if i am an exempt employee but they demand you to work 9-6, what should i do? The company offers flex time and i have transportation issue so due to the bus schedule, offered to come by 9:15 and take lunch for 45 mins instead of an hour, and leave at 6:00, and they say “no, you either come earlier than 9 to have your regular 9-6 or at least increment by 30 mins to make it 9:30-6:30. Is this legal for them to force me to work certain hours when i am exempt?
Thank you very much for quality content sir
I just became a supervisor in training and performing tasks with supervision and been working 70 hours way before and now im still working 70 hours per week in the office and Dock.what am i to do i dont feel like i need to leave because im like a super combo for them i can do it all, and a fast learner.
Great video! Keep up the good work.
What about the flip side where hourly workers are denied benefits for not getting fulltime hours or are patronized by the absurd clocking system?
How much of this is federal law? Can you do a video for federal payroll laws?
I don’t see supervisors in any of these categories.
I am a n “exempt” supervisor on non-represented employees. Who are also exempt, but we’re granted an overtime exception. Other peers in my group, same grade level, similar work but not supervisory, also have an overtime exception. I have been 8n the job over 20 years and work an average of 40% OT hours. I figure 40 % of 20 years = 8 years, at 1.5x = 12 years equivalent of OT pay I have been cheated out of.
Very good presentation. However, the background music is distracting and adds nothing.
Would you still get a good reference if you bring these issues up or ask for a servence pay for concerns of doing things outside of your administrative duties. Or are they covered by their “and other duties as needed”?
Love it. Very smart very Savvy content
I worked 3, 8hr days out of a week, for day one i did 1hr OT, 2nd day 2hr OT, 3rd day 1hr OT a total of 4hr OT. My reg hrs are correct but I only got paid for 1hr OT. I get paid every week. Am I missing OT hrs? did the employer make a mistake?? Or am I wrong?🤦🏻♂️
How come when you work a salary there is always some reason you can't work under 40 hours. Such as you must be here from x to x but always have some reason you work more than 40. IF you leave early you have to take PTO. I mean even an hour early. Why does it not go both ways? You can work 20 hours in a day is ok but if you leave 1 hour early you get docked in pto or sick.
I'm a truck driver i get pay hourly but don't get paid overtime how do i know if they have to pay me overtime
That depends on whether you're classified under as an exempt or a non exempt employee.
Generally, if you're non exempt employee, then they must but if you're exempt, then they might not have to. e.g., if you're under a contract which stated that or qualified for any wage order exemption)
Can I negotiate to be a non-exempt employee for property management positions?
What if someone still didn't get there w2 form for 2021? Real question..
Salary should be illegal. Period.
Great Video !! I work with advertising, i guess I fit the Professional exemption... this means my employer is FREE to exploit me as much as they want? this explains why I am working Unpaid Overtime on a DAILY basis. This can't be it, right?
Heh. That's exactly what your company can do. You are actually doing the work of two people, and the company is happy to let you continue. You might try and see a lawyer, but you might find out that there is not a whole lot you can do, except to try and find another job with a kinder employer. Of course, this is hugely disruptive on you and your family if you might have to move for that job, or if you're an older employee who may have a lot invested already (pension, vacations, other perks) and may have trouble finding another job due to covert age discrimination. Or you can "slow roll" your job, and start politely but firmly explaining to your manager why you can't get everything done. (This is where a lawyer might be able to help you start drawing your boundaries. How to word things, for example, or how to document your work events.)
I got hired last week and they told me I am salary non-exempt .. in other words I am hourly
Is an architectural drafter considered exempt?
Do I get overtime after 8 hours in a day, even if I am considered part time emoloye?? I can't get a clear answer from any where!!!
If you are a CA employee and you're hourly, then yes, of course, you should get OT even if you're part time.
@@braniganrobertsonlaw thank you!!
Thank you so much for all this affirmation what about the harassment at work?????? Please if you can do a video for that because my supervisor harassed me there fire me sometime
I've got lots of videos about harassment. Just click to my channel and look. I think I have a playlist on harassment as well.
Great video, back ground music, turn the volume down. Great job though. 👍
Can you talk about classifying people as actual employees or independent contractors? I believe I might have been misclassified as an independent contractor by a California based company. Can a company just say you are an independent contractor and handle your tax withholding as such?
They can but they may be in violation of the law.
So what is it when your told your salaried up to 40 hours then hourly after that and "required" 50 hrs a week but the hourly is under minimum wage and goes down the more you work on top of 0 breaks and according to computer records 0 overtime when working 60+ hour work weeks. I've asked my employer to explain several times with no success
They cannot pay you less than minimum wage, no matter how you are being classified. Talk to a lawyer.
22 years into my job doing manual labor hourly, my boss changes me to salary without even talking to me about it. Expects me to work over 60 hrs.
did you at least get a an increased pay rate?
I work in a warehouse doing manual labor but our salary is 45k a year so I'm not complaining
@@tedd7661 I have 6 figure salary and complain anyway.
@@tedd7661 that's over $21 an hour. Great, if you're working a straight 40 hours week. Or if you're allowed time off for personal business (doctors' appointments, etc) without losing pay or having to make up your hours. However, at 50 hours per week ("only" 10 hours more a week), that comes out to $17 per hour. You have given up your free time and thus reduced what you could have earned at a fair wage.
Does this apply in NY
Loooove this information and I have been spreading it as well. But I'm interested if their are any specific things I should know regarding freelance employees. I'm a motion graphic freelancer (in CA) and when I get hired for a job (2-6 weeks) they ask for my "day rate," and pay me as a 1099 employee. Is this wrong by the company? I'm working in their offices using their computers. I'd love your input. Or maybe you're working on a freelancer laws video? I know a lot of people that need that info.
Does signing a severance package effect the ability to pursue a case with a private attorney?
Yes. Watch my videos on severance. If you sign, you lose your right to sue.
well done!
thank you
I'm a junior estimator (my bosses name for me not lead estimator) for a construction company and not getting overtime I am part of the union we are signatory to
My salary is set at 35 hours a week
I get lunch and breaks but not overtime is there anything I can do?
Great video. Do you represent employers? Please let me know.
@branigan robertson I'm in this exact predicament myself. Can option 5 just be letting your HR person know and communicate the situation to them directly first?
Going to your company's hr dept is in my opinion not a good idea..they are there to protect the company...you complain you get red flagged..you get red flagged you be the first to go..in my opinion
HR is NOT who you should see. See a labor lawyer first. HR only exists to protect the company, and are not required to help you no matter what they might want you to believe. The lawyer may counsel you to see HR, but only as a step in playing the corporate HR game, and with a specific purpose in mind -- such as documenting your case.
Can an Administrative Assistant who is salaried (for under 30k a year) and whose designated hours are 30hrs a week) work through her lunch hour and accumulate that hr as a "comp" hour and then take the accumulated hrs off at a later time, as long as they are not working more than 40 total hours a week?