Q: I was not paid the required minimum salary as an exempt employee. My employer is offering to pay for my unpaid “overtime
The amount they’re offering is random since I was never able to clock in and out, let alone clock in any overtime being that I was exempt. If I file a claim, will I receive the full amount to meet the minimum exempt salary required by California? According to my employer they only owe me the unpaid “overtime” amount which is about half of the amount they underpaid me according to CA exempt salary requirements. Any advice is appreciated!
A:
If you weren't paid the required minimum salary as an exempt employee, you have the right to file a claim to recover the unpaid wages. Under California law, an exempt employee must receive a minimum salary, and if your employer fails to meet this requirement, you may be entitled to the difference between what you were paid and the required minimum salary.
Your employer offering to pay you for unpaid overtime instead of meeting the exempt salary requirements might not be adequate. California law is clear about the salary threshold for exempt employees, and failing to meet it means you might be misclassified as exempt. Therefore, you could be entitled to compensation based on the non-exempt status, which includes overtime pay.
Filing a claim with the California Labor Commissioner can help you recover the unpaid wages. Document any communications and calculations provided by your employer and present them in your claim. It's crucial to ensure that you receive the correct amount owed to you according to state law.
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