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Action Powersports facing an employment lawsuit, claiming FLSA violations

Ayrton Stenovitch filed a lawsuit against Action Powersports Inc., claiming the company violated the federal Fair Labor Standards Act (FLSA) by not paying him overtime wages even though he worked over 40 hours in a week. (Case No. 6:13-cv-00253)

According to the FLSA, non-exempt employees must be paid overtime pay for hours worked over 40 in a work-week at a rate of at least time and 1 1/2 their regular rates of pay.

Additionally, California Labor Laws protect the rights of  employees to receive overtime pay for working more than 8 hours in a day or 40 hours in a week.  Employees may still be entitled to overtime if even if they are paid on a salary basis, considered a “part-time” employee, or improperly labeled as an “independent contractor,” or supervisor.

In order to be exempt from overtime pay under the Executive Exemption, you must be an “executive.”  In order be considered an “executive” you must be paid a salary of at least $640/week and:

  1. Manage the entire enterprise or department in which you work.
  2. Manage the work of at least 2 subordinates in your department.
  3. Have authority to hire or fire.
  4. Exercise independent business judgment.
  5. Spend more than 50% of your time doing the above.

Stenovitch is seeking an award of actual and compensatory damages for overtime compensation, liquidated damages, attorney’s fees, interest and court costs.

If your employer has violated federal or California state employment laws, please give California Employment Attorney, Todd M. Friedman at 877-449-8898 for a free consultation.