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State Law Entitles California Employees to Overtime Pay

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Case ID: 4741 | Employment | 04/05/2006

United States federal law is very specific about overtime pay, which is calculated at the regular hourly rate plus an additional 50%. If you work more than 40 hours per week, you may be entitled to overtime pay. Allegations of overtime pay abuse have been brought against such companies as Home Depot, Lowes, RadioShack, Best Buy, Circuit City, Target, Walgreens, Sams Club and Starbucks, to name a few.

In California, unlike the rest of the US, a manager or assistant manager must earn double the minimum wage to qualify for an exemption from overtime pay. If your title is "Manager" or "Assistant Manager", but you spend more than 40% of your work hours performing the duties of a regular worker, you may be entitled to overtime wages.

Additionally, if you work in California and have worked for more than 6 consecutive days, or regularly work for more than 8 hours in a day, you may be entitled to overtime wages.

Overtime lawsuits are currently pending nationwide. If you feel that you are eligible for overtime pay that you have not received from your employer, please click the above link to contact an attorney for more information.


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A national collective action has been filed in Missouri against IKON Office Solutions, Inc. The action is brought on behalf of all current and former IKON customer service representatives who, since May, 2001, were not paid proper statutory overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks compensatory, statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential class members.
 
The complaint alleges that security officers employed by the Florida company were routinely denied overtime pay regardless of how many hours they were required to work. The federal Fair Labor Standards Act (FLSA) requires employers to pay employees overtime of time and one-half the normal rate for all hours in excess of 40 in a single workweek.
 
Several current and former African American workers at Super Steel claim the company conducts a hate filled work environment. The lawsuit was filed in federal court on behalf of nine workers. The workers claim over the past several years they experienced racist remarks, vandalism to their lockers, and a segregated environment in the break room. Workers state the company has not done enough to stop the problem despite repeated complaints to superiors.
 
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A national class action has been filed in North Carolina against home improvement giant, Lowe’s Home Centers, Inc. The action is brought on behalf of all Caucasian and male managerial employees who have allegedly been passed over, discriminated against and or punished by Lowe’s, since December 16, 2000, on the grounds of their race or gender. The action is brought under the Civil Rights Act of 1964 and seeks compensatory, statutory and punitive damages as well as declaratory and injunctive relief.
 
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