Legal Question in Employment Law in California

Over time

I am a salaried employee and I often work about 20 hours of over time in a two week period. I am not paid over time. my boss said that I am exempt from it because I am salary. I do make 600 in a week and but I do not manage employees nor can I hire or fire. I am an unlicensed home/auto insurance underwriter. I work in an office of about 20 employees. Please tell me if I am entitled to OT. also they are considering manditory OT in which they have said we will not be paid for.


Asked on 6/14/07, 12:16 am

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Over time

Whether you are truly exempt from overtime depends on what you actually do the majority of the time at work, not how they label you. Write down each of your job duties and the percentage of time you spend, each week, performing those duties. Since you are not a licensed professional, or a manager, the only other exemption you could fall into is as an administrator. Review your job description with an employment law attorney and if it appears you were misclassified, discuss how you may be able to convince your employer to make good on the money owed to you and get you properly classified.

You will also need to prepare an accounting of all the hours you've worked to make a credible claim for overtime.

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Answered on 6/14/07, 11:58 am
Marco Cosentino Law Office of Mark J. Leonardo

Re: Over time

There are many exemptions to thet California overtime law.

This page discusses the exemptions. http://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm.

After reviewing the information, feel free to contact our office if you have any questions.

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Answered on 6/14/07, 12:03 pm
Terry A. Nelson Nelson & Lawless

Re: Over time

I believe you are not properly classed as 'salaried', and are entitled to overtime. File a Complaint with the Labor Commissioner for all unpaid compensation, interest and penalties. Hire an attorney to help you in the hearings.

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Answered on 6/14/07, 12:38 pm


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