3 warning signs an employer owes you unpaid overtime

If your employer is misclassifying your employment status, they might be denying you the extra pay you have earned for working long hours. While this is a common issue, you deserve to receive the correct pay under California law. Here are three signs to look out for when your employer owes you overtime pay due to a misclassification.

Performing tasks of a non-exempt position

To be exempt from overtime pay, your job duties must involve high-level work that requires discretion. Executive, administrative and professional employees are common examples that fall under this category. If you spend most of your time doing the same tasks as hourly employees, you are a non-exempt employee, regardless of your title.

Not meeting the minimum salary threshold

In addition to the duties test, you must satisfy the salary test. An employer can classify an employee as exempt if they earn a salary that is at least two times the state minimum wage for a full-time employee. If your current salary falls below this specific threshold, your employer cannot legally classify you as exempt.

Proving employee status with the ABC test

Independent contractors are also exempt from overtime pay. For a worker to be considered a contractor, the employer must prove all three of these conditions:

• You are free from the company’s control and direction while performing your duties.
• Your work is outside the employer’s usual course of business.
• You have an established independent business.

Failing to meet these conditions confirms your status as an employee.

Actions to recover your unpaid compensation

Now that you have determined that you are a non-exempt, full-time employee, you must focus on getting the missing payment you deserve. Start by gathering documentation of your hours, pay stubs and job duties. Review your company’s handbook and related California labor laws to learn more about your rights. If you need additional guidance, seeking legal advice can help you map out the path forward for recovering your unpaid overtime.