Legal Question in Employment Law in California

I'm a local grocery delivery/truck driver. I drive a bobtail/box truck with gross weight 35,000lbs. I lift up to 70lbs many time and use a dolly/hand truck that can have over 100lbs. I also do wholesale distributors pick up and warehouse work.

I work over 40 hours a week and do sometime over 12 hours a day.

I'm on salary and I do not meet the check list of a exempt employee.

Am I entitle for overtime?


Asked on 3/28/13, 6:04 pm

3 Answers from Attorneys
Charles Perry Law Offices of Charles R. Perry

The fact that you are paid a salary and not hourly is irrelevant to the determination of whether you are entitled to overtime. The key question is whether you are nonexempt.

Any employee who is nonexempt may be entitled to overtime. For more information, see http://www.dir.ca.gov/dlse/faq_overtime.htm

If you believe you are entitled to overtime pay, I suggest you contact an employment-side labor lawyer for advice. You may also wish to politely inquire with the human resources department of your employer why you are not paid overtime.

Your remedy for overtime is an action in court or before the California Labor Commission. Again, a good employment lawyer should be able to advise you.

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Answered on 3/29/13, 12:35 am
Kristine Karila Law Office of Kristine S. Karila

From what you have stated in your question, yes. You may very well be entitled to overtime pay for hours worked over 8 in a day OR 40 in a week, plus interest, waiting time penalties and the company will, most likely have to pay your attorney. 949-481-6909.

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Answered on 3/29/13, 11:04 am
Terry A. Nelson Nelson & Lawless

You obviously believe you are. Contact an attorney to help you take legal action for unpaid wages, OT, penalties and interest. If you win, you get your attorney fees as well. If serious about doing so, feel free to contact me.

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Answered on 3/29/13, 1:15 pm


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