Misclassified as Exempt? Should You Get Overtime? A Lawyer Explains Hourly vs. Salary

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  • Опубликовано: 30 сен 2024
  • In this video Branigan outlines the law on who should be an “exempt” employee (salary) and who should be a “non-exempt” employee (hourly). What happens when someone is paid a salary when they should be paid hourly? Are they owed overtime? This video explains how much money you may be owed if your employer screwed up and misclassified you as a salaried employee.
    While video is intended for residents of California, its analysis is educational for everyone no matter what state you are in. However, this video is not legal advice. Mr. Robertson is an employment lawyer in Orange County, CA. If you need actual legal advice, we recommend that you contact a lawyer in your state. If you are in the Golden State, you can contact Mr. Robertson. His website is below.
    Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers.
    Visit Branigan's law firm website here: brobertsonlaw.com
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    Please subscribe to Branigan's channel!
    Branigan Robertson is an employment lawyer in Orange County, California. He represents employees in lawsuits against their employers.

Комментарии • 249

  • @mariannegriego444
    @mariannegriego444 2 года назад +76

    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. 🙄

    • @caneyebus
      @caneyebus Год назад +17

      This is why you never give 150% unless it is your own gig. They deserve your 100%, nothing more.

    • @marychristineanderson4112
      @marychristineanderson4112 Год назад +1

      Happens often

    • @cloneNK1124
      @cloneNK1124 Год назад +5

      This is why good workers will not take management.

    • @sawyerramos3113
      @sawyerramos3113 Год назад +1

      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!

    • @fredhamptongunclub8074
      @fredhamptongunclub8074 Год назад

      @@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.

  • @FeliciaJune88
    @FeliciaJune88 3 года назад +4

    Dude, turn off the background music. It's super distracting and hard to hear you over it.

  • @tifff9521
    @tifff9521 5 лет назад +44

    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!

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  5 лет назад +4

      You are welcome! That is why I'm making them! Thanks for the feedback.

    • @cloneNK1124
      @cloneNK1124 Год назад

      Our HR manager quit!

    • @davidglad
      @davidglad Год назад +1

      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.

    • @tifff9521
      @tifff9521 Год назад

      Yup, my company had a lawyer on retainer but these videos are great starting points.

  • @redhulk111
    @redhulk111 2 года назад +15

    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.

  • @morganm9040
    @morganm9040 2 года назад +17

    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.

    • @ryke_masters
      @ryke_masters Год назад +4

      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.

    • @colororb4105
      @colororb4105 Год назад

      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

    • @lisalee2885
      @lisalee2885 Месяц назад

      Here in CA it's called Weekend relief..flat pay 50.00 if you do any work you get extra pay

  • @EverettDiego
    @EverettDiego 4 года назад +14

    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.

  • @nolan318
    @nolan318 2 года назад +2

    Background music is horrendously annoying.

  • @isaacdebruce2146
    @isaacdebruce2146 3 года назад +9

    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?

    • @vladildikan
      @vladildikan Год назад +1

      The stated reason on its face sounds like a retaliatory firing. That's probably a case even before the unpaid salary.

  • @EricLopez.Official
    @EricLopez.Official 2 года назад +6

    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?

  • @beautifybymariel1235
    @beautifybymariel1235 2 года назад +3

    Very informative video but annoying background music

  • @somenygaard
    @somenygaard 4 года назад +7

    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.

  • @christineribone9351
    @christineribone9351 Год назад +2

    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.

  • @IndusPacificLawOffice
    @IndusPacificLawOffice 4 года назад +7

    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.

  • @australiabanks6483
    @australiabanks6483 Год назад +2

    Excellent Video! Please eliminate the background music!

  • @weeklyvideos1tvchannelsubl717
    @weeklyvideos1tvchannelsubl717 5 лет назад +4

    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...

  • @sexygeek8996
    @sexygeek8996 Год назад +13

    What companies really want to do is calculate your pay both ways and pay whichever is less, switching back and forth depending on how many hours you worked. They always assign exempt employees lots of overtime, but if you ever work less than 40 hours they want to dock your pay.

  • @mythic_snake
    @mythic_snake 9 месяцев назад +1

    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.

  • @44jimcordell31
    @44jimcordell31 Год назад +2

    Wow, that music is distracting. The content is great.

  • @lilyofthenile3369
    @lilyofthenile3369 4 года назад +6

    WOW! your vids are informative, super easy to understand & extremely helpful. Many thanks!

  • @giovannisynthesis
    @giovannisynthesis 2 года назад +2

    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.

  • @ronaldvanengen1887
    @ronaldvanengen1887 Год назад +1

    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!!

  • @tonystout1545
    @tonystout1545 3 года назад +4

    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.

  • @jodidyer2230
    @jodidyer2230 5 лет назад +6

    very informative video on misclassified as exempt thanks.

  • @gloriaandersen6784
    @gloriaandersen6784 3 года назад +3

    Love your very educational videos. Background music a little distracting!

  • @ericruiz6300
    @ericruiz6300 2 года назад +2

    a moral man pays another man for the hours worked. my time after 40 hours matters too. salary = legalized slavery. men work the majority of these jobs, which is a massive factor in wage equality. this information does not help us. we are battling giant government corporations that wrote this into law in order to take advantage of us. this is also a major factor as to why people are quitting their jobs in mass. until the government is scared of the people the people will continue to be their cannon fodder,

    • @waitaminute2015
      @waitaminute2015 2 года назад

      It's not the government, it's the corporations people need to fight. Government jobs usually have strict labor laws, but corporations are exploiting people.

  • @sheyt.e491
    @sheyt.e491 4 года назад +2

    If you are a federal worker in California, what does OT should be? Over 40? or after 8 hours and 40/week?

  • @RyannLagattuta
    @RyannLagattuta 11 месяцев назад +1

    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.

    • @EMVelez
      @EMVelez 4 месяца назад

      Everything he is saying only applies to workers in CA.

  • @kritikalgamer
    @kritikalgamer 2 года назад +2

    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).

  • @cynthiaeckstine8532
    @cynthiaeckstine8532 Год назад +1

    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.

    • @EMVelez
      @EMVelez 4 месяца назад

      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.

  • @akhan1884
    @akhan1884 Год назад +2

    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

    • @brigittavesei4796
      @brigittavesei4796 Год назад

      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!

  • @dawnm.h.reeves5717
    @dawnm.h.reeves5717 4 года назад +3

    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!!!

    • @abigailguardado3912
      @abigailguardado3912 2 года назад

      Why is there annoying music with words in the video it’s so distracting lol

  • @TheSebackers
    @TheSebackers 3 года назад +1

    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.

  • @jospehjack
    @jospehjack Год назад +1

    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.

    • @UHOH3300
      @UHOH3300 Год назад +1

      That’s illegal

  • @doubleg6520
    @doubleg6520 2 года назад +1

    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)

  • @FSCHW
    @FSCHW 4 месяца назад

    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.

  • @saleetaBoogie91
    @saleetaBoogie91 3 месяца назад

    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?

  • @na5346
    @na5346 3 года назад +1

    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?

  • @CHARITAJONES
    @CHARITAJONES 3 года назад +1

    YOU ARE AMAZING!!!! 😍❤ GREAT VIDEO!!!! ❤😍 VERY INFORMATIVE!!!! 😍❤ NEW SUBSCRIBER!!!! ❤😍

  • @rebeleagle75
    @rebeleagle75 4 года назад +3

    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.

    • @Preacher_.
      @Preacher_. 4 года назад

      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.

    • @rebeleagle75
      @rebeleagle75 4 года назад

      @@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.

    • @Preacher_.
      @Preacher_. 4 года назад +1

      @@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

  • @thoryan3057
    @thoryan3057 Год назад +1

    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?

  • @AA-salehbazyad
    @AA-salehbazyad 4 месяца назад

    what about civil engineer or construction site engineer.
    do they paid hourly?
    because usually they work more than 40 hours per week

  • @cozyfoxstudio
    @cozyfoxstudio 5 лет назад +1

    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.

  • @Pallidus_Rider
    @Pallidus_Rider Год назад

    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.

  • @dueymiller5795
    @dueymiller5795 Год назад

    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.

  • @1992Co
    @1992Co 9 месяцев назад

    As a salary employee are the bonuses included to meet the minimum non exempt base salary? Asking since it was updated in 2024

  • @michaellavelle9973
    @michaellavelle9973 Год назад

    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.

  • @ridgebacklover9901
    @ridgebacklover9901 Год назад

    Very good presentation. However, the background music is distracting and adds nothing.

  • @meta_pyx
    @meta_pyx 2 месяца назад

    Put California in your title. The music is too high, can't focus on what you're saying

  • @albertoquirarte2138
    @albertoquirarte2138 Год назад

    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?

  • @geraldsandoval1113
    @geraldsandoval1113 Год назад

    WHY ARE YOU TRYING TO TALK OVER THE LOUD ANNOYING AND UNNEEDED MUSIC/NOISE IN THE BACKGROUND ???? THE VIDEO IS NOT WATCHABLE BECAUSE OF IT.

  • @0206-b8z
    @0206-b8z 2 года назад +1

    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

  • @kmckenney1311
    @kmckenney1311 5 лет назад +2

    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!!!

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  5 лет назад +2

      If you are a CA employee and you're hourly, then yes, of course, you should get OT even if you're part time.

    • @kmckenney1311
      @kmckenney1311 5 лет назад

      @@braniganrobertsonlaw thank you!!

  • @Wifeysmitty
    @Wifeysmitty 4 года назад +8

    Very helpful information. I am striving to become an HRBP. Currently in recruiting. Lots of information to learn, but you have a wonderful way for explaining employment law information.

  • @bartinacart9329
    @bartinacart9329 4 года назад +1

    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.

  • @johnswanson1977
    @johnswanson1977 11 месяцев назад

    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.

  • @haddadsharalena6629
    @haddadsharalena6629 Год назад

    What if someone still didn't get there w2 form for 2021? Real question..

  • @albertland86
    @albertland86 4 года назад +1

    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

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  4 года назад +1

      Truck drivers are governed by some different rules. Some wage & hour laws apply differently to them.

  • @Sandman75238
    @Sandman75238 Год назад

    My employer is making me use vacation time to make up for missed time during holidays. Is this legal?

  • @randymejia7163
    @randymejia7163 7 месяцев назад

    I got hired last week and they told me I am salary non-exempt .. in other words I am hourly

  • @petercook3143
    @petercook3143 Год назад

    I might have watched this beyond 1 minute but the Music is intolerable.

  • @rr186650
    @rr186650 4 года назад +1

    How much non-exempt work can an exempt employee do before being miss-classified as exempt?

  • @showbrasil1995
    @showbrasil1995 5 лет назад +1

    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)

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  5 лет назад

      I'm confident the answer is no. But I would have to look it up to be certain.

  • @parisdream7913
    @parisdream7913 3 года назад

    It would be better if you don’t know include background music.

  • @jamieg1802
    @jamieg1802 Год назад +1

    250 per hour or 800k annual

  • @MrArtillero78
    @MrArtillero78 5 лет назад +1

    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

    • @oliver415
      @oliver415 5 лет назад +1

      That depends on whether you're classified under as an exempt or a non exempt employee.

    • @oliver415
      @oliver415 5 лет назад +1

      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)

  • @kaylab1157
    @kaylab1157 Год назад

    Is an architectural drafter considered exempt?

  • @marblemaker117
    @marblemaker117 8 месяцев назад

    Wait, what if…..a simple lube tech at a mechanic shop works 68 hours a week, salary, no executive, no big-wig job, just a regular guy, what is exempt for me? For them? Still unsure of the rules of how they abuse me😢

    • @EMVelez
      @EMVelez 4 месяца назад

      68 hrs a week with no OT?

  • @Itsadrianyay
    @Itsadrianyay 5 лет назад +1

    Thank you very much for quality content sir

  • @user28495
    @user28495 4 года назад +1

    this is so much better to watch than read about it

  • @Shadowed_Earth
    @Shadowed_Earth 3 года назад +1

    I am so stuck in a bind I work for my family and they're doing this exact same thing. Heart is torn 💔

    • @CEOofBeingVegan
      @CEOofBeingVegan Год назад

      Sue them, if they really loved you they wouldn’t treat you like that

  • @mirandareynolds92
    @mirandareynolds92 Год назад

    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

    • @EMVelez
      @EMVelez 4 месяца назад

      They cannot pay you less than minimum wage, no matter how you are being classified. Talk to a lawyer.

  • @karlabassett3330
    @karlabassett3330 Месяц назад

    Does this apply in NY

  • @stevendonaldson1216
    @stevendonaldson1216 5 лет назад +1

    Love it. Very smart very Savvy content

  • @jjg5585
    @jjg5585 Год назад

    Minimum wage for me is 200 per hour

  • @thebeyer8321
    @thebeyer8321 4 года назад +1

    Pls get rid of this distracting bkgd music!!

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  4 года назад +1

      Yeah, I know. Sorry. I’ve fixed that issue in all my recent videos.

    • @thebeyer8321
      @thebeyer8321 4 года назад

      Very Good!! Because it’s very useful info, and much appreciated of you presenting it!

    • @thebeyer8321
      @thebeyer8321 4 года назад

      Very Good!! Because it’s very useful info, and much appreciated of you presenting it!

    • @thebeyer8321
      @thebeyer8321 4 года назад

      Very Good!! Because it’s very useful info, and much appreciated of you presenting it!

  • @WhyYouAskingMe
    @WhyYouAskingMe Год назад

    Salary should be illegal. Period.

  • @ocampobianca
    @ocampobianca 3 года назад +1

    ok thank u King this was so thorough and easy to follow

  • @matthewsalmon2013
    @matthewsalmon2013 Год назад

    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?

  • @luisalejandropopoca9976
    @luisalejandropopoca9976 Год назад

    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 ?

  • @pigbenis2812
    @pigbenis2812 3 года назад +1

    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.

    • @TopFlightSecurity415
      @TopFlightSecurity415 3 года назад

      did you at least get a an increased pay rate?

    • @tedd7661
      @tedd7661 3 года назад

      I work in a warehouse doing manual labor but our salary is 45k a year so I'm not complaining

    • @pigbenis2812
      @pigbenis2812 3 года назад

      @@tedd7661 I have 6 figure salary and complain anyway.

    • @brigittavesei4796
      @brigittavesei4796 Год назад

      @@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.

  • @kaitlynoneill9516
    @kaitlynoneill9516 11 месяцев назад

    dude cut the crap music.

  • @mirandah6927
    @mirandah6927 Год назад

    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.

  • @808Unionist
    @808Unionist Год назад

    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.

  • @kimberjaneblake8736
    @kimberjaneblake8736 3 года назад +1

    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??

    • @mkeptrangli
      @mkeptrangli 2 года назад +1

      Absolutely illegal. Look for a new job.

    • @waitaminute2015
      @waitaminute2015 2 года назад +1

      From what I've read, a company can require overtime or on call, but you must be paid for it.

    • @mkeptrangli
      @mkeptrangli 2 года назад

      @@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.

    • @waitaminute2015
      @waitaminute2015 2 года назад

      @@mkeptrangli The posted comment said she is non exempt hourly.

  • @cloneNK1124
    @cloneNK1124 Год назад

    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.

  • @samanthac4678
    @samanthac4678 Год назад

    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?

  • @juanmolina1552
    @juanmolina1552 Год назад

    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.

  • @christopherchristy6328
    @christopherchristy6328 Год назад

    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!!

  • @shaolinman
    @shaolinman Год назад

    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.

  • @hhectorlector
    @hhectorlector 4 года назад +1

    well done!
    thank you

  • @jsterling309
    @jsterling309 3 года назад

    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????

  • @weswallace1571
    @weswallace1571 2 года назад

    Are pastors exempt even if they don’t meet the minimum salary? Not sure if housing allowance has anything to do with it

  • @georgeland9862011
    @georgeland9862011 3 года назад

    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.

  • @jesusbalestena4072
    @jesusbalestena4072 3 года назад

    Great video, back ground music, turn the volume down. Great job though. 👍

  • @jnrx2007
    @jnrx2007 4 года назад +1

    Hi Mr Robertson. I’m pretty sure I’ve been misclassified as an exempt employee and feel I might be owed wages. Can I contact you for a consultation?

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  4 года назад +1

      Yes, call us at 949-667-3025.

    • @jnrx2007
      @jnrx2007 4 года назад

      Branigan Robertson can I speak to you directly ?

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  4 года назад

      @@jnrx2007 Our process is folks first speak with my intake specialist, Brandon. He has much more time that I do to initially dive deep into your situation. He then forwards everything to me.

    • @jnrx2007
      @jnrx2007 4 года назад

      Branigan Robertson sounds good, I will give your office a call next Monday. Thanks

    • @jnrx2007
      @jnrx2007 4 года назад +1

      I have a few issues with the current employer (have not been terminated yet) and I know I’m being retaliated against. Can I retain you to write a letter to the company so I can put a stop to it? Or at least lay the groundwork for a possible lawsuit in the future?

  • @allenschneider1847
    @allenschneider1847 4 года назад

    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?

  • @dee1089
    @dee1089 2 года назад

    thats kind of messed up that we pay taxes for these labor boards and such yet pretty much dont care about your case and will more than likely side with the employer due to their relationship.

  • @taicronck9559
    @taicronck9559 Год назад

    Can you please eliminate the background music while you are talking?

    • @braniganrobertsonlaw
      @braniganrobertsonlaw  Год назад

      Sorry about that. I didn't know what I was doing when I made this video. In my new videos I've turned it down dramatically.

    • @taicronck9559
      @taicronck9559 Год назад

      @@braniganrobertsonlaw thank you, love your channel

  • @candie5150
    @candie5150 2 года назад

    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 👍

  • @georgebuck9397
    @georgebuck9397 4 года назад

    Great info but the music is distracting while you speak.