Overtime Pay for exempt employees

[kmalik420]

State: California

I was terminated and my employer refuses to pay for my O/T (160 hours). I am an exempt employee, but there is no such clause in the employee manual that an exempt employee cannot be paid for the O/T. The employer (# 1 media co. in the world) says that they do not want to set a precedent of paying for O/T, otherwise they will have to pay for everybody who claims after he/she is terminated.

What legal action can I take? The total amount in question is about $7,000. Please advise ASAP. Thank you.

 

[loku]

Overtime pay policy

Employers do not have to pay overtime to exempt employees. That is what is meant by “exempt.” However, they can do so if they want. In your case the company is using good legal judgment because if they do pay you overtime, then they MAY set a precedent and they MAY then have to pay everyone who claims it.

However, if it would make you feel better about this, you can put in a complaint with the state department of labor or employment. They will fill you in on your rights, although I believe you have none here.