Subject: Denial of Overtime Request [Your Name] [Your Address] [City, State, ZIP] [Date] [Employee's Name] [Employee's Address] [City, State, ZIP] Dear [Employee's Name], I hope this letter finds you in good health and high spirits. I am writing to inform you that your recent request for overtime has been carefully evaluated and, unfortunately, has been denied. As an employee in California, it is crucial to understand the rules and regulations regarding overtime pay. The California Labor Code and the Fair Labor Standards Act (FLEA) provide guidelines for overtime compensation eligibility, which employees are entitled to receive for working additional hours beyond the standard 40-hour workweek. In California, the current state law defines overtime as any hours worked in excess of eight hours in a day or 40 hours in a workweek. Overtime is compensated at one and a half times the employee's regular rate of pay. However, there are exceptions to this rule. It is important to highlight that under the law, specific job classifications, such as employees with executive, administrative, or professional duties, are exempt from receiving overtime pay. Upon careful review of your situation, it has been determined that your request for overtime does not meet the eligibility criteria stipulated by the aforementioned laws. Our records indicate that your job position falls within an exempt category, where overtime pay is not applicable. We highly value your dedication, commitment, and hard work towards achieving our company's goals. Your contributions do not go unnoticed, and we genuinely appreciate the extra effort you put into your work. In light of this denial, we encourage you to continue demonstrating your exceptional skills and performance within your regular working hours. We also want to remind you that if there are any significant changes in your job duties or classification, which may affect your eligibility for overtime pay, please bring them to our attention. We are committed to ensuring compliance with employment laws and regulations while providing a fair and rewarding work environment for all our employees. If you have any further questions or concerns regarding this decision, please feel free to contact the Human Resources department. We are here to assist you and address any queries you may have regarding your employment status. Once again, we express our gratitude for your hard work and dedication to our organization. We believe that your continued efforts will contribute to our collective success. Thank you for your understanding. Sincerely, [Your Name] [Your Job Title] [Company Name] [Company Address] [City, State, ZIP]
California Sample Letter for Denial of Overtime
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How to fill out Sample Letter For Denial Of Overtime?
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FAQ
Because employers are not prohibited from penalizing their employees if they refuse to work overtime, they do have the right to fire them. Firing an employee because they won't work overtime is not considered discrimination.
If an employer never provides meal or rest breaks, California labor law empowers employees to collect a total of 2-days' worth of wages for every workday for the past 3 years.
Three years for claims related to minimum wage, overtime pay, rest and meal breaks, sick leave, illegal deductions from paychecks, or unpaid reimbursement for business expenses. Four years for a written contract for work.
"Yes," your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work.
According to the California Department of Industrial Relations, "an employer may dictate the employee's work schedule and hours. Additionally, under most circumstances the employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime."
If your employer didn't count or pay you for overtime hours, you would be entitled to time and a half one and a half times your usual hourly rate for every overtime hour worked, as part of your back pay award.
The statute of limitations for California wage and hour lawsuits is three (3) years from the date when the most recent violation has occurred.
Yes, employers in California may compel their employees to work overtime. In most cases, employers can also discipline, demote, or fire employees who refuse to work the extra hours. No notice is required before an employer may change an employee's schedule or require overtime.
Yes, California's state laws are more favorable to workers than federal laws dealing with overtime. The federal Fair Labor Standards Act (FLSA) requires overtime pay for all hours worked by a non-exempt employee in excess of a 40-hour workweek. Overtime pay is one-and-one-half times the worker's regular rate of pay.
Although California Labor Code section 204 does not expressly provide for civil penalties, penalties can be obtained under California's Private Attorneys General Act which provides for a $100 per employee per pay period for the initial violation, and $200 per employee for subsequent pay periods, plus reasonable
