Overtime for dance teachers?

Get Legal Help Today

 Secured with SHA-256 Encryption

Overtime for dance teachers?

I work at a dance studio in CA with 3
different pay rates/job descriptions.
Teaching hourly, office hourly and
dance team is a percentage of what
comes in each month only 10 months of
the year. I work about 60-70 hours per
week on a w2. 25 of that is covered by
the percentage based pay. I am
consistently asked put in more hour but
this 7 day a week schedule is too much
for me to add to.in addition I do a lot
of extra office work at home that can
push my hours past 70.

Is this a situation where I should be
getting overtime?

Asked on March 13, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Hourly employees always get overtime; while it not  a given or guaranteed that a salaried employee will not get overtime (i.e. will be "exempt"), to be exempt from overtime, you must, as a start, be paid other than an hourly basis. (To not get overtime, you must be paid some other way, such as on a salary, and meet certain other criteria, too.) So since you are essentially an hourly employee plus a commission, you must be paid overtime when working more than 40 hours per week. Not only should you be getting overtime going foward, but you could potentially contact the state department of labor to file a claim for back overtime for up to the last 2 years.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Hourly employees always get overtime; while it not  a given or guaranteed that a salaried employee will not get overtime (i.e. will be "exempt"), to be exempt from overtime, you must, as a start, be paid other than an hourly basis. (To not get overtime, you must be paid some other way, such as on a salary, and meet certain other criteria, too.) So since you are essentially an hourly employee plus a commission, you must be paid overtime when working more than 40 hours per week. Not only should you be getting overtime going foward, but you could potentially contact the state department of labor to file a claim for back overtime for up to the last 2 years.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption