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worked more than 40 hours during week plus 6 weekends in CA, and they provided no compensation no rewards no vacation (Full Time) for this over time work

to get the work done is responsibility but asked to come for entire weekend for continuously 6 weekends without any rewards/compensation doesn't sound right. I asked for a small vacation (4 days), and got denied right away
I work in CA, is there any legal way to ask for compensation?

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California Labor Code Section 1171.5

(a) All protections, rights, and remedies available under state law, except any rein... (more)

Crazytree (Aug. 29, 2013 @ 12:05a) |

I find myself completely agreeing with and greening CrazyTree's posts in this thread (and it's not even the first time).... (more)

geo123 (Aug. 29, 2013 @ 10:09a) |

Kalifornia labor law is complex and non-intuitive.  OP should consult an experienced lawyer if he wants to pursue.

Exampl... (more)

tuphat (Sep. 01, 2013 @ 5:32p) |

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Are you an investment banker or a burger flipper?

Are you paid by the hour ?
 

I am in IT, working as full time employee.

cubbychicagolove said:   I am in IT, working as full time employee.
  Are you an engineer, or a helpdesk monkey?

Hourly or salary?

If you are salaried you are SOL. If you are hourly then your employer is breaking the law.

T800 said:   If you are salaried you are SOL. If you are hourly then your employer is breaking the law.
  Some companies misclassify employees as exempt when they should be non-exempt.

Salaried,
How to know if I'm exempt or non exempt employee?

If its related to salary base, I make in 6 figures.

cubbychicagolove said:   Salaried,
How to know if I'm exempt or non exempt employee?

If its related to salary base, I make in 6 figures.

  Engineer: should be exempt, SOL
IT Helpdesk*: should be non-exempt
*If you're considered to be part of management, you are exempt.

Either way if you "complain" I would look to replace you.

Quit,
Get job in MickyD
Profit

Sorry but a 6 figure, salaried IT worker is just going to have to eat extra hours sometimes. I would advise waiting for the obvious storm to pass and then ask for a few days courtesy PTO, understanding they are under no obligation to provide it. Likewise though, you are under no obligation to keep working there...

cubbychicagolove said:   Salaried,
How to know if I'm exempt or non exempt employee?

If its related to salary base, I make in 6 figures.

  I call troll.

If not, welcome to the big leagues.

Computer professionals are usually exempt.

Theres even a specific rule to screw us out of OT:

http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.ht...

Your offer letter should state whether you are exempt or non-exempt from overtime pay.

CALIFORNIA HAS A LABOR BOARD which YOU the EMPLOYEE can go to with an appointment so YOU can totally find out the legalities to this sort of EMPlOYER fraudulent activities......(make that appointment now!!!)
Go thru the internet to find your local Labor Board

user1337 said:   cubbychicagolove said:   Salaried,
How to know if I'm exempt or non exempt employee?

If its related to salary base, I make in 6 figures.

  Engineer: should be exempt, SOL
IT Helpdesk*: should be non-exempt
*If you're considered to be part of management, you are exempt.

Either way if you "complain" I would look to replace you.


If I know you think help desk job is for monkeys and if I know u keep this user name, I will better play Xbox than working for u

MIGHTYMACHONE said:   CALIFORNIA HAS A LABOR BOARD which YOU the EMPLOYEE can go to with an appointment so YOU can totally find out the legalities to this sort of EMPlOYER fraudulent activities......(make that appointment now!!!)
Go thru the internet to find your local Labor Board

  CA labor board equal parts cancer and cure.

jerosen said:   Computer professionals are usually exempt.

Theres even a specific rule to screw us out of OT:

http://www.dol.gov/whd/regs/compliance/fairpay/fs17e_computer.ht...

  We're not "screwing" you. You're not paid a six figure salary to show up 40 hours a week. You're paid an annual salary to achieve goals for the company. If that results in working an average above 40 hours a week then you need to consider if your salary is appropriate or if you want to work for a company that sets goals in such a way that it results in that.

Am i the only one questioning the validity of this post?

How can someone who is pulling in 6 figures and is relatively smart not know this or not have gone through a little overtime in their career where they've researched this.

Maybe California is different, but most Salaried people don't have OT.

Usually I would say just eat the OT because that is part of IT. However, six weekends in a row is excessive and craptasic project/time management. I would start looking for a new job and don't complain to your boss. You can complain after you give notice.

cubbychicagolove said:   
user1337 said:   
cubbychicagolove said:   Salaried,
How to know if I'm exempt or non exempt employee?

If its related to salary base, I make in 6 figures.

  Engineer: should be exempt, SOL
IT Helpdesk*: should be non-exempt
*If you're considered to be part of management, you are exempt.

Either way if you "complain" I would look to replace you.


If I know you think help desk job is for monkeys and if I know u keep this user name, I will better play Xbox than working for u

  It was meant to be an illustration. There's a difference between helpdesk support and systems admin. I know smaller shops the SAs do both, but one is flood with supply (and takes less IQ points), the other not so much. The helpdesk "monkey" is/should be an hourly employee and should legally be entitled to OT. A systems admin in many places is considered "management" and would not be entitled to OT.

Paying an employee on a salary basis does exempt the employer from paying overtime. The question is whether the employee is exempt or non-exempt from overtime under FSLA and CA rules, not whether the employee is paid salary or hourly.

Here is the general standard and requirements to be considered exempt from overtime in CA: CA Exempt Status

Here is some specific info on CA rules for IT regarding overtime if paid on an hourly basis: CA overtime rules for IT

Note, CA has a day of rest rule where on the seventh consecutive day of work in a work week, all work is paid at an overtime rate, and any work over 8 hours is paid at double time. Move general CA overtime rules can be founder here: CA overtime FAQs

OP, if you read through these links and believe you non-exempt, and are entitled to the overtime pay, then you can get the back pay by contacting the CA Dept of Labor: CA Dept of Labor or contact a labor lawyer.

You may need to look for a new job.

quit whinning

You can always look for another job that pays you less and requires you to work less.

You can always look for another job that pays you less and requires you to work less.

Quit whining.

I'm a salaried employee.. and I put in 70 hours last week.. and for the past 4 weeks, my average number of hours worked has been 8 hours a day 7 days a week (56 hours per week)

I ain't happy.. but I'm not complaining either. As long as upper management knows I'm working all these hours, and they remember it next time there are raises/promotions, it's all good.

ETA: My hourly salary last week was below 20 an hour. That is pathetic for a programmer with 6+ years experience.

OP speaks in Nigerian English. He is not a $100k IT guy in CA. Why is everyone taking this topic seriously?

KayK said:   Quit whining.

I'm a salaried employee.. and I put in 70 hours last week.. and for the past 4 weeks, my average number of hours worked has been 8 hours a day 7 days a week (56 hours per week)

I ain't happy.. but I'm not complaining either. As long as upper management knows I'm working all these hours, and they remember it next time there are raises/promotions, it's all good.

ETA: My hourly salary last week was below 20 an hour. That is pathetic for a programmer with 6+ years experience.

No need to complain as long as they know you worked all weekend and they will take care when you need 4 days of small vacation .


If u keep working like that, and somehow if they don't give u bonus or anything, u will complain. I'm talking about that situation.

vranaco said:   OP speaks in Nigerian English. He is not a $100k IT guy in CA. Why is everyone taking this topic seriously?
I'm typing in cell phone while at work. Reply if you can help

and it's not 100k. 112k


Call out the 4 days you asked for the vacation and look for another job.

kilacam19 said:   Call out the 4 days you asked for the vacation and look for another job.
I'll use pto if nothing happens

cubbychicagolove said:   
kilacam19 said:   Call out the 4 days you asked for the vacation and look for another job.
I'll use pto if nothing happens

  You just asked, got denied, and now you will use PTO?

This will be you soon

cubbychicagolove said:   KayK said:   Quit whining.

I'm a salaried employee.. and I put in 70 hours last week.. and for the past 4 weeks, my average number of hours worked has been 8 hours a day 7 days a week (56 hours per week)

I ain't happy.. but I'm not complaining either. As long as upper management knows I'm working all these hours, and they remember it next time there are raises/promotions, it's all good.

ETA: My hourly salary last week was below 20 an hour. That is pathetic for a programmer with 6+ years experience.

No need to complain as long as they know you worked all weekend and they will take care when you need 4 days of small vacation .


If u keep working like that, and somehow if they don't give u bonus or anything, u will complain. I'm talking about that situation.
They'll give me vacation.. if I have vacation days left.
Everyone in management gets the same bonus.. which is a factor (depending on how company does.. average for past 6 years has been 1.6) multiplied by the monthly salary (management gets paid monthly here..) You would have to be really stupid in order to not get bonus.. over 99% of the people do.. It's almost like part of the salary.

cubbychicagolove said:   
KayK said:   Quit whining.

I'm a salaried employee.. and I put in 70 hours last week.. and for the past 4 weeks, my average number of hours worked has been 8 hours a day 7 days a week (56 hours per week)

I ain't happy.. but I'm not complaining either. As long as upper management knows I'm working all these hours, and they remember it next time there are raises/promotions, it's all good.

ETA: My hourly salary last week was below 20 an hour. That is pathetic for a programmer with 6+ years experience.

No need to complain as long as they know you worked all weekend and they will take care when you need 4 days of small vacation .


If u keep working like that, and somehow if they don't give u bonus or anything, u will complain. I'm talking about that situation.

Some people go into a job/profession with the expectation that shit may hit the fan and long hours will need to be provided, and negotiate compensation packages to reflect that.

If this becomes a regular thing and you went into the job without that expectation, you should re-negotiate your pay or find a new job.

A Salaried IT Professional who makes 6 Figures is complaining about some unpaid OT?
Leave Work Early Then, you are SALARY after all.

But DAMN, 6 Figures is a nice paycheck and you are complaining? I PERSONALLY know 20 people who would KILL YOU AND BURY YOUR BODY to get your job..hehe

I work at a bank making less than 40K and am always amazed when I see rude/wealthy/less inteligent people above me. If I were as rich as you I could afford some manors.

And the answer is no, there is nothing you can do. If I'm not mistaken, in California they are not required to offer you PTO, but they must let you use it at some point during the year, and it can be on their terms if they do. IANAL nor do I live in Cali.

Table83 said:    If I were as rich as you I could afford some manors.
 

  
The price of manors has increased 19% this year in California, and six figures is not going to buy you plural manors in SoCal.

Skipping 21 Messages...
Kalifornia labor law is complex and non-intuitive.  OP should consult an experienced lawyer if he wants to pursue.

Example, not necessarily relevant to this situation:  on-going employee class action against a Big 4 accounting firm, for treating staff accountants as exempt.  See:  http://goingconcern.com/post/trial-date-has-been-set-big-wage-an...



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