It's About Time for Overtime - and You may be Entitled

Dallas, TXCollecting a paycheque isn't about helping your boss grow the company, or put him in expensive cars and an affluent lifestyle. The employee/employer relationship is all about a fair day's pay for hours worked, even though your presence and position may contribute greatly to the company's success.

But that's not happening, and more and more employees are being suckered into paying for their boss' yachts and island vacations. How? By not getting paid overtime for hours worked beyond the standard work week - by working more hours than you've agreed to, or required of the job.

There are laws governing the allocation of overtime, and California has one of the most stringent sets of labour laws in the country. Together with the obvious provision of overtime for working more than forty hours in any given week, there is also provision for some salaried jobs, where the employee is classified as a manager, but doing minimal managerial work. There are tests available that can determine whether or not a job classification, and the work involved, is entitled to overtime pay.

But in growing numbers, this isn't happening, either - and employers are getting away with overtime murder.

Administrators and supervisors have been allowed to toil under the misconception their job does not qualify for overtime, when in fact it may. The employee never makes a claim and the employer says nothing. The job is completed with hours that are never paid as they fall beyond the forty-hour week. Suddenly, you're not an employee, but a volunteer.

Many workers in retail, or lower-paying jobs are bullied into working extra hours amidst the threat of termination if they refuse. Or - they will cry poor, that the family business is facing severe challenges, and they just can't afford to pay overtime.

The next day, on a Saturday, while you're working your sixth day for straight time, or working late for no money at all, the boss is seen driving around in a new luxury car.

The overtime issue is a growing problem for the IT industry, which historically requires long hours and dedication to the job in a team-like setting. Trying to work through hardware, or software issues can be daunting, and once you're in 'the zone' and finally getting somewhere, you're reluctant to abandon the job when a resolution is in sight, a position your employer will applaud - except when it comes to paying you for your thoroughness. Many IT professionals are either denied overtime when requested, or don't even know they have the right to a claim if they earn $90,000 per year or less.

A growing practise is for employers to utilize migrant workers from offshore countries. These individuals are often escaping persecution, and will generally work for less. They will also not push hard for their rights.

At the end of the day, an employer will refuse to pay overtime because he either doesn't know the regulations, or prefers to play a game of chicken that favours his profit margin. If he doesn't pay, there's more money for him - and he's banking on you not knowing your rights, or unwilling to pursue them. There are those who have made claims and won. But some have made claims and been fired without just cause. And in the end many employers stand to make more money by not paying the overtime, than any fines or judgements to the few who come after them. That's good business in their minds, but it's not fair to you.

Know your rights and stand up for them. If you have worked overtime and not been compensated fully according to California law, click the link below for assistance.