/24-7PressRelease/ - LOS ANGELES, CA, August 29, 2005 - Hourly employees as well as many salary plus commission employees are all entitled to overtime pay by current California State laws. LawyersandSettlements.com, along with many California Employment Law Specialists, hope to increase awareness of current employment laws regarding overtime pay.
Commissioned salespeople, such as Stock and Commodities Brokers, are often subject to unpaid overtime. Based on current California State law, commissioned roles such as inside sales people for financial institutions, Mortgage Consultants and Salespersons, Loan Salespersons, Real Estate Salespersons and Credit Counselors are likely entitled to overtime compensation regardless of the dollar volume of commissions they earn.
The California law passed in 2000, states that any commissioned staff not paid a guaranteed annual salary of at least $24,000, are entitled to overtime pay. Typically these individuals often work in excess of 40 hours per week and are compensated entirely on a commission basis, but they still qualify for time and a half for all overtime hours worked. In fact, the U.S. Labor Commission and the U.S. Supreme Court have recently ruled that brokerage houses are not exempt from overtime laws.
Non-Exempt employees, generally those paid hourly, are also required overtime pay by law. Whether authorized or not, if an hourly employee works more than eight hours in a workday or works "off the clock," they are entitled to overtime compensation. Specialists recognize that many hourly employees in the software industry are often not paid deserved overtime. In general, a California employer must pay one and one half times an employee's regular hourly pay for hours worked overtime.
California Employment Law Specialists note that under the applicable laws, even a single employee can bring a class action or collective action lawsuit on behalf of all "similarly situated" plaintiffs working in the same company which violates wage and hour laws. These lawsuits designed to uphold employment laws usually occur when companies "misclassify" workers as managers or assistant managers. In California, unlike the rest of the country, a manager or assistant manager must earn two times the minimum wage (approximately $28,000 per year) to qualify for as an Exempt employee who does not qualify for overtime pay.
Several leading legal professionals, in association with LawyersandSettlements.com, urge employees to learn more about the current overtime and employment laws in their state. All employees, including those employed in California State, can read specific case examples and submit their case for a free legal evaluation by visiting: https://www.lawyersandsettlements.com/overtime/
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