Legal Question in Employment Law in California

Re: Exempt employment disclosre

The test for determining whether an employee entitled to overtime examines the duties performed by the employee, not the title nor what the employer or employee may think. Employees are presumed to be entitled to on overtime, unless the employer can prove the employee is subject to one of the recognized exemptions: administrative, managerial, or professional. Your friend should meet with an employee rights attorney to evaluate her duties and determine whether she can collect overtime. As a general rule, however, she will be entitled to only three or four years of back over time, depending upon how she pursues her claim.

Re: Exempt employment disclosre

It does not matter whether or not the employer COULD have treated your friend as exempt. What matters is whether it DID clasify your friend as exempt during those years. If the employee received some overtime, the employee was treated as non-exempt. Thus, all OT is due for the period within which the employee was treated as non-exempt. Call/write us with any further questions you have. (510) 891-9800 or [email protected]

Re: Exempt employment disclosre

Since she was paid OT during the period, she probably needs no further evidence to establish a claim for OT during her employment. BUT, she can only look back 3 years. She needs to file the claim with the Labor Commissioner promptly, and get an attorney to help pursue the claim through the hearings and trial that will occur. Contact me if interested in doing so.