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  1. #1
    Join Date
    Apr 2008
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    8

    Default Overtime Pay for Non-Profit Summer Camp

    My question involves employment and labor law for the state of: California

    I am working in a non-profit camp this summer. I have a salary under $400 week. The admin says that they do not have to pay me overtime. I understand that there are exemptions to the FLSA, is this one of them? The camp is seasonal but employs year-round admin. Also, I requested that if I am not to be paid overtime to take time off my next work day, they said no. If I do not work the overtime I will be fired. Can an organization make you work overtime that you are not getting paid for? My salary with the OT is not even minimum wage when you calculate the hours I work. Please help.

  2. #2
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Overtime Pay for Non-Profit Summer Camp

    First of all, what are your duties? That is how exemptions from OT are decided.

    Second, here is a link to all the possible exemption categories for California:
    http://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm
    Here is a link to the exceptions: http://www.dir.ca.gov/dlse/FAQ_OvertimeExceptions.htm --> Look at Order #5....are you a camp counselor? If so it states "No daily or weekly overtime required provided employee does not work more than 54 hours and not more than six days in a workweek. In an emergency, employee may work over 54 hours or more than six days in a workweek and must be paid not less than one and one-half times employee's regular rate of pay for all such excess hours. No double time required."

    So they would need to only pay OT on hours over 54 a week or over 6 days a week.

    What I don't know is if the exception for OT also applies to the minimum wage provisions. If I look at the CA MW poster, which states "The provisions of this Order shall not apply to outside salespersons and individuals who are the parent, spouse, or children of the employer previously contained in this Order and the IWC’s industry and occupation orders. Exceptions and modifications provided by statute or in Section 1, Applicability, and in other sections of the IWC’s industry and occupation orders may be used where any such provisions are enforceable and applicable to the employer."

    I would suggest calling the DLSE and asking them directly. But I suspect that they will tell you that your job is an exception to both OT and MW.

  3. #3
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Overtime Pay for Non-Profit Summer Camp

    There is also a federal exception at Section 13(a)(3): http://www.dol.gov/ESA/regs/compliance/whd/whdfs18.pdf which does exempt from both minimum wage and overtime if the establishment meets the criteria.

    Of course, the employee gets the benefit on which law (federal or state) is better for them. And currently the California law is better because it does require OT after the 54hr/6 day rule. The federal law does not.

  4. #4
    Join Date
    Apr 2008
    Posts
    8

    Default Re: Overtime Pay for Non-Profit Summer Camp

    Hi

    Thanks for the help. I am a program coordinator at the camp. The FLSA states that seasonal and some recreational jobs are exempt. Can you clarify what this means? Also, what about the conditions that a company making more than $500,000? as well as interstate condition (i.e. if we purchase reading material from another state)? Thanks all help is appreciated.

  5. #5
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Overtime Pay for Non-Profit Summer Camp

    First you have to see if the business itself is exempt ($500k or interstate commerce). It would surprise me if it were exempt. Because I would think it gets at least some of its supplies from outside the state. If it is exempt from FLSA, then there are no minimum wage or overtime pay requirements.

    Then if it is not exempt from FLSA, are you exempt due to job duties? It is possible that a program coordinator would fall under the admin exemption dependent on duties. If so, they do not have to pay you overtime, but do have to pay a minimum salary (Federally $455 a week, in CA, much more than that).

    Then there is an exception within FLSA in Section 13(a)(3) about seasonal/recreational businesses. I linked the FAQ on that above. The camp could meet either criteria and be exempt from both overtime AND minimum wages. And then California has the exception for "camp counselors" that I stated above....about the 54 hours and 6 days.

    Honestly, if I had to guess, I would suspect they are claiming the Section 13(a)(3) exemption either correctly or incorrectly. You would need to post way too many details to see what categories you fit into. I still suggest calling the DLSE with the details. They truly are the only ones who could tell you for sure.

  6. #6
    Join Date
    Apr 2008
    Posts
    8

    Default Re: Overtime Pay for Non-Profit Summer Camp

    Thanks hr for me, you have truly answered my question. I will check with the DOL-FLSA and Ca. labor. Thanks again.

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