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action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home5/californ/california-labor-law-attorney.com/wp-includes/functions.php on line 6114<\/p>\n
It is not uncommon for employees to become discouraged or even hopeless when it comes to proving that overtime pay is due. Since in many cases, employers do not keep time records or the employee is misclassified; i.e. told they are salaried (exempt) and not entitled to overtime pay.<\/p>\n
First, the employee must understand that pursuant to\u00a0Nordquist v. McGraw-Hill Broadcasting Company (1995) 32 Cal.App.4th 555, 562<\/i>,\u00a0EVERY EMPLOYEE \u00a0IS ENTITLED TO CALIFORNIA OVERTIME PAY\u00a0<\/span><\/strong>unless they fall under an exemption; ie. administrative exemption, executive exemption, professional exemption,\u00a0salesperson exemption<\/span><\/a>,\u00a0\u00a0or computer software exemption, or another wage order preventing them from receiving overtime pay. The employer bears the burden of proof and it is the employer\u2019s responsibility to prove the employee is not entitled to overtime pay.<\/p>\n The second important principle to understand is that California employers,not employees<\/span><\/span>, must carry the burden of time keeping for all non exempt (employees entitled to overtime pay). For example,\u00a0Anderson v. Mt. Clemens Pottery Co.<\/i>, (1945) 328 U.S. 680<\/strong>,<\/span><\/a>\u00a0 supports this assertion. In the event the employer did not keep time records, the courts will rely on the reasonable testimony of the employee.<\/p>\n That said, should the employer produce a witness or other documentation that refutes the employee\u2019s testimony, the burden of proving overtime, reverts back to the employee. This is where execution of the \u201cSmoking Gun\u201d strategy below is critical.<\/p>\n STRATEGY<\/span>:<\/strong><\/p>\n It is critical to immediately begin gathering information if you have an overtime pay claim.<\/strong><\/p>\n