California Employers Devious when it comes to Overtime

Some employers are devious. Countless managers and supervisors who were hired as salaried employees, based on a 40 hour week, now find themselves hourly employees, working overtime for free.

Deborah Ahrens, Roseville, California:
"I was originally hired as a salaried employee: I supervised six people in HR and accounting. Then the Company decided that, when a new labor law was passed in California, if I didn't spend 50 percent of my time supervising, I had to be paid an hourly rate.

"So my salary was cut and I was given an hourly wage with one hour of overtime guaranteed per day. I always worked more than one hour but had no compensation. The hour of overtime was supposed to make up for what my salary would have been, had I worked a 40 hour week.

"This company was getting a lot of overtime from me. I usually worked six days a week and 10 hour days were common. I had to do this amount of work to get my job done."

Ahrens was the business controller for a retirement home, which are notoriously understaffed. She worked these hours - often doing the job of two people - for about a year. "They said I would have to do this if I wanted to keep my job," she says.

"But my contract didn't say I had to work more than 40 hours. I have a family! It was hard on me and my daughter, I hardly spent any time with her.

"When I finally got around to giving my notice, the company sold. I now work for the new company and my salary was reinstated; I no longer get an hourly rate. But when I went on vacation I got my vacation pay and no overtime, not the extra hour per day they promised me. I think they owe me about $5,000. When I got cashed out from the company I originally worked for, they paid me the hourly rate and no overtime.

"This Company is now selling off a lot of their properties. I know all of their controllers, at least ten, with the same problems. Some are still working for this company, still waiting to get paid their overtime.