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Learn whether your job is exempt before filing a wage theft claim

If you are an employee in California and work more than a standard day or week, overtime wages may be due. Unfortunately, businesses do not always pay as the law requires. At Anticouni & Associates, we represent clients who have experienced wage theft by their employer.

According to Findlaw, if you are not “exempt,” you are entitled to overtime when you work more than 40 hours in a week, work more than eight hours in a day and when you work on a seventh consecutive day. Under these conditions, you are eligible for overtime, which is time-and-a-half pay.

There are many exemptions from these requirements. It is critical to find out if your position is exempt before filing a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD). If you are a salaried employee, you may be exempt if your job is in one of the following categories:

  • Creative professional- This job category includes individuals in which your primary duties involve artistic or creative talent.
  • Learned professional - Your job may be in this category if it requires advanced skills in a learning or science field. The knowledge you acquire comes from formal education and specialized instruction, not on the job.
  • Executive – The duties required of this type of position involves duties directly related to the operations of the employer. Tasks are typically non-manual.
  • Outside sales – Although an employee, you primarily work away from your employer’s office or worksite.

Wage and hour laws are complex. However, wage theft may be an issue if your position is not exempt and you do not receive overtime pay you believe you have earned. Visit our webpage for more information on this topic.

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