Q: I AM a Store Manager for a customer-service oriented business. I work 10- to 12-hours per day six days a week. I am paid a fixed salary every month. Since I am a Store Manager, my employers say I am exempt from overtime pay. I follow your column and know from your previous articles that the job title does not necessarily determine whether an employee is exempt or not. As Store Manager, I supervise some employees but I cannot hire or fire employees. I also spend a majority of my time doing the same things that these employees are doing – attending to customers and the cash register. Am I really exempt and not entitled to overtime?
Asian Journal- The Filipino-American Community Newspaper
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Nov 21st
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General Interest Atty. Conrado "Joe" Sayas
General Interest Atty. Conrado "Joe" Sayas
Atty. Conrado "Joe" Sayas
Grand view approach to business – locating your office
NO matter what kind of business or field you are interested in, if you own the business, it is important to understand who you are and to learn what location is compatible to you. Location can mean region of the world, country, state, and city, all the way down to which side of the street you’re on and the type of land formations that surround you.
You have your own aura and energy system, which makes you unique. Based on your birth date, you will belong to one of two major energy types called Western Direction Pattern (WDP) or Eastern Direction Pattern (EDP). WDP people are compatible with the west, northwest, northeast, and southwest directions, while EDP people are compatible with the opposite directions of east, southeast, south, and north.
Helping the seriously injured
IF YOU were injured due to the fault of another, you have the right to file a claim for damages to compensate you for these injuries. Usually, this involves a claim with insurance companies, particularly when the injury arose from an auto accident, a slip or fall in a house or building, a dog bite, or from a defective product.
A serious injury results in serious consequencesto the injured person and his/her family. It may meancontinued medical care, and the responsibility to pay past and future medical expenses. With health insurance companies getting stingier than ever, the out-of-pocket expenses have increased. A serious injury may also mean the loss of earnings as the injured person is not able to work or may face the possibility of losing his/her job.
Employee remedies for overtime violations
THE failure or refusal to pay proper overtime compensation is not simply a single violation of California’s labor laws. An overtime violation is generally accompanied by other labor violations. These other violations give rise to other damages that an employee may recover from the employer.
The first item of damage is, of course, the actual overtime compensation owed to the employee. This actual overtime compensation is computed at 1.5 times the employee’s regular rate (often called "time and a half") and is multiplied by the number of hours in excess of 8 hours per day. If the overtime hours exceeds 12 hours per day or exceeds 8 hours on the seventh day, overtime compensation is computed 2 times the regular rate (often called "double time"). For example, if an employee’s regular rate is $10 per hour, time and half would be $15 per hour and double time would be $20 per hour. These premium overtime hourly rates will then be multiplied by the number of overtime hours during the pay period.
Immigration and family unification
THERE is nothing more important than family, I know this firsthand as I have been blessed with four daughters, a son and a beautiful wife. A big family by today’s standards and I wouldn’t change a thing. My family means everything to me and I cannot imagine what I would do if I were separated from them for any extended period of time.
As an immigration attorney, I am constantly reminded of the pain of family separation and how the immigration process actually keeps families apart rather than bringing them together. Long processing times, complex paperwork, difficult terms and concepts, proof of relationships, investigations by federal officers coupled with basic bureaucratic delays often result in moms, dads and kids desperately seeking my assistance in bringing their families back together.
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