Overtime for dance teachers?
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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 7 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 7 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.
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