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      CommentAuthorsthomas
    • CommentTimeJun 23rd 2008
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    Overtime pay is additional compensation for working over 40 hours a week, and in California, over 8 hours in a day. Whether someone should receive overtime pay depends on the work that they do, but these general rules apply to all employees:  
    * The overtime laws are designed to protect employees, and the courts construe them to give employees the maximum protection. Employees are presumed to be entitled to overtime pay, and, under California and federal law, the employer, not the employee, has the burden of proof to show that it properly paid the employee.  
    * An employee's right to overtime pay does not depend on whether an employee is salaried. Many salaried employees are entitled to overtime pay.  
    * Work activities, not job titles and responsibilities, govern whether you are entitled to overtime pay. In California, the law looks to what employees do over half their work time. While employers sometimes give employees untrue job titles for the purpose of avoiding overtime pay, this does not affect employees' overtime rights.  
    An employer must pay overtime pay unless it can prove that an employee is "exempt" from the overtime requirements. "Exempt" employees do not get overtime pay. The exemptions are briefly listed as follows. Click on any exemption to see to a more detailed description:  
    The Executive Exemption - This exemption applies to employees who spend over half their work time managing businesses or departments of a business;  
    The Administrative Exemption - This exemption applies to employees who spend over half their work time assisting the proprietor or other exempt individual in "servicing" a business in matters of significance;  
    The Professional Exemption - This exemption applies to employees who have certain licenses to practice a profession or who work in a "learned or artistic" profession;  
    The Computer Software Professional Exemption - This exemption applies to employees who work in highly theoretical aspects of computer software and make over $41.00 an hour;  
    The Outside Salesperson Exemption - This exemption applies to employees who usually work away from the workplace making sales and filling orders. However, the employee cannot spend significant time doing the same work as other non-exempt employees.
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      CommentAuthorfrys_slave
    • CommentTimeJun 23rd 2008
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    FRY'S BREAKS EVERY RULE IN THE BOOK THEY THINK THEY ARE ABOVE THE LAW!
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      CommentAuthorwhitenoise
    • CommentTimeJun 23rd 2008
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    Sounds like a scam or someone from home office be carefull guys. If it was a real lawyer he would have posted his name and address and phone number and a company email not some free gmail account. BE CAREFULL!
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      CommentAuthorAyaHu
    • CommentTimeJun 23rd 2008
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    Give me a goddamn break. You want overtime violations you can look at the starbucks down the street, my friend works easily 60 hours a week because they understaff. If she doesn't she'd get fired.Superhero!
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      CommentAuthorman
    • CommentTimeJun 24th 2008
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    40 hours x 8 @60 hours week (is less than) 60 hours x 8  
     
    she should quit and get two jobs
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      CommentAuthorAyaHu
    • CommentTimeJun 24th 2008
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    I have no idea what your equation is supposed to mean. 60 hours a week is 20 hours more per week than any human should work at Starbucks. Its 20 hours overtime. Overtime, while time and a half, is still shit. What she should do is quit and get one good job. They pay shit at Starbucks. I feel so sorry for her lack of drive.Superhero!
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      CommentAuthorSasquatch
    • CommentTimeJun 24th 2008
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    I had lack of drive once. Eventually I got rid of the domestic, and bought a foreign car.
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    she has no motivation.  
    is she hot? if so, get her into lesbian porni love it when they call me big papa
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      CommentAuthorAyaHu
    • CommentTimeJun 24th 2008
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    biggysmalls:she has no motivation.  
    is she hot? if so, get her into lesbian porn
     
     
    http://viewmorepics.myspace.com/index.cfm?fuseaction=user.viewPicture&friendID=33072371&albumId=0 she is hot, someone would pay for her.Superhero!
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      CommentAuthorSasquatch
    • CommentTimeJun 24th 2008
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    Unfortunately, you don't have to be hot to be in porn.
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    she is hot. and has a nice ryour right i would payi love it when they call me big papa
  3.  permalink
    AyaHu:Give me a goddamn break. You want overtime violations you can look at the starbucks down the street, my friend works easily 60 hours a week because they understaff. If she doesn't she'd get fired.
     
     
    AFAIK, unless your friend is a minor that isn't a OT violation. If you go the CA AG's website you will find in the FAQs that except for minors there are no limits on the maximum number of hours. Due to CA's OT rules though a lot of OT is pretty stupid unless you are having trouble finding somebody else who can do the job. At some point you would have to question whether 2 people working 30 hours a week would not only be cheaper for the labor cost, but that the productivity of two part timers would be better. After 12 hours in a day it turns to double OT, which AFAIK only CA provides. Very few baristas I would think would be worth double their regular wage, but I've never worked in a coffee shop so maybe there are baristas worth that although I am skeptical of that. CA's generous OT policy towards employees highly discourages any employer in CA to give anyone anywhere near 60 hours because they would likely be paying double OT for some of the hours. If you can find a qualified employee it would make more sense to hire another employee than to give out lots of OT.  
     
    Provided that they are paying OT for ever minute over eight hours in a work day, double OT for every minute past 12 hours, and every minute over 40 hours they are just fine.  
     
    At least when I worked for Fry's they didn't seem to have much problems with OT. Before the draw OT was pretty common because they were only paying 1.5 times minimum wage, but because so many people weren't making draw they cut back on OT. Now that draw is gone I don't know whether OT is common again because I quit Fry's before the draw was axed, but I think that they will be a little less reluctant to do OT. With the struggling economy I doubt that they will need OT unless they have unexpected quits by FT employees. Anecdotally it seems a lot of employers seem to be cutting back on labor costs.