ATTENTION: IF YOU ARE A FORMER OR CURRENT EMPLOYEE, CONSULTANT, OR INDEPENDENT CONTRACTOR WORKING AT UST OR FOR UST ON ASSIGNMENT, YOU MAY BE ENTITLED TO COMPENSATION.

ARE YOU PROPERLY CLASSIFIED AS EXEMPT?

• Earning a salary instead of being paid hourly DOES NOT always mean you are an exempt employee in California!
• Your job title DOES NOT always mean you are an exempt employee in California!

To be considered exempt in California, you must meet ALL of the following requirements:

• 1. 1. 1. You must be earning an annual salary of at least $115,763.35; AND
        2. You must be primarily engaged in highly intellectual or creative computer software work that requires independent discretion and judgment; AND
        3. You must be highly skilled and perform work such as programming and software design; AND
        4. You must perform at least 50 percent managerial duties.

Misclassification directly affects your wages by denying you various rights and protections.
When misclassified, individuals are often excluded from overtime pay, meal and rest breaks, and reimbursements for business expenses.

DO YOU RECEIVE OVERTIME PAY?

• You may be misclassified as “exempt” from overtime. The term exempt only applies to a limited number of employees in any company. You determine whether your employer can classify you as exempt from overtime pay regulations, not necessarily your title or that you are salaried. You may be entitled to overtime wages for hours worked in excess of eight (8) hours in a workday and/or in excess of forty (40) hours in any workweek. 

DO YOU PERFORM ANY WORK OFF THE CLOCK WITHOUT PAY?

• You must be paid for all the time you work. This includes all time spent working before you clock in for your shift, during meal breaks, and after you have clocked out. Working off-the-clock without pay is illegal. Some employers “round time” which also results in underpaid wages.

DO YOU RECEIVE LEGALLY COMPLIANT MEAL BREAKS?

• If you work more than five hours, an uninterrupted 30-minute meal period must be provided no later than the end of the fifth hour of work.  When you work for a period of more than 10 hours, a second uninterrupted 30-minute meal period must be provided no later than the end of the tenth hour of work.  During these meal breaks, you are entitled to leave the premises and engage in any activity you please, free of any interruptions.  Also, some employers “round time” for meal periods, which would not otherwise be 30-minutes in length.  This in not lawful.  For each individual violation, you are entitled to compensation.

DO YOU RECEIVE LEGALLY COMPLIANT REST BREAKS?

• Your employer must authorize and permit a 10-minute paid rest period for every four (4) hours worked or major fraction thereof.  Insofar as is practicable, the rest period should be in the middle of the work period. During these rest breaks, you are entitled to leave the premises and engage in any activity you please, free of any interruptions.  For each individual violation, you are entitled to compensation.

DO YOU RECEIVE REIMBURSEMENT FOR USING YOUR PERSONAL CELL PHONE TO COMMUNICATE WITH CUSTOMERS, CO-WORKERS, OR SUPERVISORS? ARE YOU REIMBURSED FOR TRAVEL EXPENSES, INCLUDING MILEAGE?

• Your employer must reimburse you for all the necessary business expenditures that you incur in discharging your duties.