An assemblyman in California is being taken to court by a paralegal working on a campaign who clocked more hours than the individual was paid for, a violation of the state's overtime laws and time and attendance policies, according to the Lawyers and Settlements website.
The suit maintains the staff member worked as many as 50 hours in a week, but 20 of those hours were unpaid.The employee earned $461.54 weekly as a salaried worker, a designation by which the assemblyman would avoid having to pay any overtime because salary compensation makes one ineligible for overtime pay in the State of California.
However, the California Department of Industrial Relations website states that in order for a salaried employee engaged in administrative work duties to be classified as exempt from overtime pay, one month of the worker's salary must be at least two times the state's minimum wage amount. A quick calculation of the staffers salary and the number of hours worked in week - between 50 and 60 according to Lawyers and Settlements - uncovers that the hourly rate falls well below minimum wage.
The website also reports further allegations of inappropriate labor practices by the legislator, who is also being accused of prohibiting workers from taking lunch breaks and failure to pay minimum wage.
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