Career Questions and Answers
Hello. I'am a Bus Driver for the Los Angeles County and I would like to know if there is any law protects me?
Asked by ovesuvius
.... From unfair pay??? What I mean is my employer told me that I was "exempt" from getting paid time and a half after 8 hours of work... and I usually work 14 hours a day, which I also heard that under the California Labor Law that if you work more than 12 hours a day you get paid Double?!?!?
I really would like to know if there is anyone out there that understands my question, and if I'am protected from this unfair pay of my employer???
Does anyone know where I can find hard solid proof that California has Laws protecting workers from this type of "exemption"???
I would appreciate it very much if anyone really understands if I qualify for time and a half and double time as a Bus operator in the state of California???
Thank you very much.
A:
Best Answer:
labor department of ca
A:
don't you belong to a union?
if so...you will need to read your union contract.
if not ---got to the labor board
good luck :)
Answered by Business Mom
A:
California Labor Laws protect the rights of California employees to receive overtime pay for working more than 8 hours in a day or 40 hours in a week. You can still be entitled to overtime even if you are paid on a salary basis, even if your salary is $100K per year, and even if you supervise other people. The only people who are not entitled to overtime pay are those people that meet all of the requirements for one or more of the narrowly defined
Answered by Mary B
A:
Hi - I'd find it difficult to believe that a bus driver is classed as an exempt employee. For an employee to be exempt, certain very specific criteria must be met - for example, the employee's job must require an advanced degree; the employee must work independently and exercise a substantial amount of judgment over his/her daily activities, the employee's job involves working with computers; etc., etc.
To determine whether or not you're exempt, visit www.dol.gov and look for the "salary basis rule" - this tells you what types of jobs qualify for this exemption. You can also report your employer on this site if you are classed incorrectly - as you've already guessed, more than one employer is guilty of classing employees incorrectly in order to avoid paying OT. If you have a legitimate claim, the DoL can file on your behalf for free and you'll be entitled to back pay (including OT)
One other thing you should start doing is keeping track of the hours you actually work. If you file a claim, that documentation will help determine what you should have been paid.
Good luck!
Answered by Mel
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