Real estate services personnel
perform valuable services to buyers, sellers
and lenders, but do so within a highly-regulated
environment. Anti-discrimination, equal access
lending and other laws dictate exactly how real
estate services employees perform their work
and, for this reason, these workers are generally
entitled to overtime pay. The law dictates who
gets overtime, not your employer!
Overtime is a legal
right for most positions and cannot
be waived. Agreeing to be paid a flat
salary does not mean you have waived your
right to overtime pay.
If you are a salaried worker in the real
estate industry, but are unsure whether you
are entitled to overtime pay, just answer
these questions:
-
Do you spend less than
one-half of your typical day performing
tasks that require independent judgment
on truly important matters (e.g.,
filling out forms and other paperwork, arranging
meetings)?
-
Have you worked over 8 hours/day or 40 hours/week
at any time within the last 4 years?
If you answered “Yes” to both
of these questions, you are likely
entitled to overtime pay. You may
also be entitled to compensation for meal
and rest periods and various penalties against
your current or former employer. If you worked
the hours, you should be paid for them.
The legal system is set up to “level
the playing field” and give workers
the power to correct workplace abuses. Scott
Cole & Associates has served California’s
workforce for many years as one of
the state’s most respected workers’
rights law firms and has recovered massive
and record-setting settlements for employees for workplace abuses.
For
a confidential discussion of your rights against
a former or current employer and/or to submit
a claim, contact
us for more information.
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