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  1. #1
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    Mar 2010
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    Default Overtime Not Paid

    Am I right in assuming that if I work in San Diego Ca, All employees who are salary should be paid twice minimum wage per hour or else be paid hourly rate plus overtime?
    I fall under "executive" which places me exempt, however I only supervise full time employee.
    And do not make two times min wage.

  2. #2
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    Default Re: Overtime Not Paid

    You're referring to what? The San Diego "living wage" ordinance, Municipal Code Sec. 22.4201 et. seq.? Does that even apply to your job?

  3. #3
    Join Date
    Mar 2010
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    9

    Default Re: Overtime Not Paid

    This does not apply. Again, please see my post "exempt salary incorrect" where I have added the detailed information. I guess I was vague but was trying to keep it short and to the point. That really doesnt work for these question...... Thank You.

  4. #4
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    Default Re: Overtime Not Paid

    No kidding that law doesn't apply. I'm trying to figure out whether you misinterpreted it, are referring to a law you can't be bothered to identify, or are referring to an imaginary law.

    Maybe if you posted all of your information in a thread, and gave us enough information that we wouldn't have to guess at what you're trying to ask, we can save a lot of time. The instruction against double-posting questions isn't just for other people.

  5. #5
    Join Date
    Mar 2010
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    9

    Default Re: Overtime Not Paid

    I apologize, I was not ignoring the instructions on double posting, rather I was simply trying to add information and details to my original post. I am new to this site and just figuring out how to continue "threads". I am sorry if my questions were unclear, I did not mean for anyone to guess at what i was asking. Please bear with me regarding the repost and I will try again.
    Is my employer allowed to take $622.08 out of my check for lodging? (monthly)
    Is my employer allowed to pay a salary of less than two times hourly min. wage? Or less than $640.00 a week?
    I hope this is a little clearer!
    Again, my apologize.

    Also the law to which I am refering:

    INDUSTRIAL WELFARE COMMISSION
    ORDER NO. 5-2001
    REGULATING
    WAGES, HOURS AND WORKING CONDITIONS IN THE
    PUBLIC HOUSEKEEPING INDUSTRY
    IE:
    (f) Such an employee must also earn a monthly salary equivalent to no less than two times the state minimum wage for
    full-time employment. Full-time employment is defined in Labor Code § 51(c) as 40 hours per week.

  6. #6
    Join Date
    Dec 2007
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    2,357

    Default Re: Overtime Not Paid

    Is there another thread I should be looking at for the details?

  7. #7
    Join Date
    Mar 2010
    Posts
    9

    Default Re: Overtime Not Paid

    I hope this is the correct way to do this. I am going to copy and paste this which includes all the info. Please let me know...Thank You

    Exempt Salary Incorrect
    In California, If I am considered "Executive Exemption",
    (as my job includes but is not limited to: collecting rents, legal notices, signing leases, directing and scheduling venders, submitting invoices, renting, advertisement,ordering supplies, taking work orders, overseeing the property in every aspect. I am on call 24/7. I also hire/fire, train and am responsible for the direction of 1 full time employee)
    and paid salary, according to INDUSTRIAL WELFARE COMMISSION ORDER NO. 5-2001- I should be receiving twice the states minimum hourly wage. Is there another exception I should be aware of?
    I do not want to go to my employer without all the facts. In 8 years, I have received only 1 raise of $100.00 a month. I am overlooked for the job that I do. I have also performed maintenance duties for several months when in between employees without any compensation.
    I also have questions regarding my lodging deduction. I read "Meals or lodging may not be credited against the minimum wage without a voluntary written agreement between the employer and the employee.
    No such document was ever signed.
    If, as a condition of employment, the employee must live at the place of employment or occupy quarters owned or under the control of the employer, then the employer may not charge rent in excess of the values listed herein.
    In California, I believe the current amount (apartment) allowance is 2/3 market value or in no event more than $451.89.
    The rent roll shows the market value of my unit to be higher than any other on the property. 2/3 is deducted under "company taxable items" on my check. This amount exceeds the $451.89. PLEASE RESPOND before I bring these items to the attention of my employer and get blind sighted by some unknown law! Thank You in advance for any input or advise I so desperately seek! It will be greatly appreciated.

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