General Labor Law Questions

[she2003]

What is the name of your state (only U.S. law)? CA

I am a non-exempt employee, IT industry and my employer is not paying me for my overtime. The week before last, I worked a 72 hour work week. The employer has me enter 80 hours per pay period for my paycheck in one system. Then I enter my actual time billable to the Clients in another system. I know this is illegal and I am considering filing a complaint with the CA State Labor Board.

I am trying to keep this simple, but I also have a disability/disease. I have a doctor's order for no more than 40 hours work per week. I am afraid to share that with my employer due to fear of retaliation (i.e. being fired). I have not submitted the work order to my employer yet. Can my employer fire me due to me 'limiting' my work hours per week? The added stress of working the additional hours is making me more sick, mentally and physically. I do not want to go on disability - I want to work - but 40 hours per week is plenty. I don't even mind an hour or two per day occasionally, if needed.

My employer is a large, worldwide corporation with about 50,000 employees. They are cracking the whip on staff to get projects completed with limited human resources. It is very abusive and insulting. In Client meetings the executives belittle us in front of the Client for not completing tasks. My gut reaction is to respond with "give me a break - I worked 72 hours last week", but I hold it all back. The hours are getting longer and longer.

I have co-workers in other states that receive an annual bonus for their performance. Because I work in CA and am considered as non-exempt, I was told that I am not eligible for the bonus program. My performance is outstanding and is documented in my past performance reviews. This is unequal treatment.

One final question.....I have a long term disability policy with my employer. If I ever do go out on disability, can the employer terminate my long term disability policy?

I appreciate any advice that you can share. Thank you!

 

[pattytx]

1. The employer is violating the recordkeeping requirements of the FLSA by not keepingh records of your actual hours worked. I agree, file your claim for overtime with the DLSE. The fact that you enter the billing time into a separate system may actually be to your advantage, since your time sheet would show 40 hours and the billing sheet for the week may show 60. The employer is going to have a hard time arguing that the time sheet is correct.

2. Does FMLA apply?

3. LTD would not kick in for 6 months after you are totally disabled. Are you on California Disability benefits now?

4. As long as the unequal treatment is not based on a protected characteristic, such discrepancies are legal. Being a nonexempt California employee is not a protected characteristic.

cbg can answer more of your LTD questions.

 

[swalsh411]

How do you know you are non-exempt? What do you do? Does your employer consider you exempt?

 

[she2003]

Additional Information

Hello and thank you for your replies.

pattytx
1. I am going to pursue getting paid for the overtime during the past 3 years. Your reply helped me to put that into perspective.

2. I had not thought about FMLA. I read about it briefly on the Internet and it can pertain in CA. That may be an option for me.

3. I am not on CA disability benefits now. The nature of my disease will eventually lead to disability, but for now it is under control with medication. Or, at least it was. The extra hours at work over the course of the past several weeks have caused flare ups.

4. That is good to know - thank you

swalsh411
When I accepted the job offer, it was presented to me as an exempt position. The employer does not reside in the state of CA. About one month into the job, HR said "whoops" - we have to make you non-exempt since you live in CA. Since then, I have to "punch in and out" of an electronic system each day that is used only by non-exempt employees. The nature of my work is project management, but I do not supervise anyone.

Thank you

 

[pattytx]

Very possible, OP. California has a stricter definition for exempt employees in some of the classifications than federal does. It is always correct for an employer to treat any employee as nonexempt; that is the default.

And honestly, for one month of misclassification, I'm not sure I'd pursue that avenue.

And relative to the LTD, ready the Summary Plan Description; your employer is required to give you a copy upon request. I would specifically look at the eligibility requirements and whether there is a conversion clause should you separate from the employer before you need the benefits.

Good luck to you.

 

[cbg]

FYI, FMLA is a Federal law and pertains in all states.