After reading all the posts on here, I think I maybe misclassified as exempt. I work for a nonprofit with 40-50 fulltime staff in CA. I'm salaried/exempt, and get paid about $1350 biweekly, regardless if I work 60 or 120 hours in those 2 weeks. My basic job function is to coordinate conferences and seminars- getting materials printed, making travel arrangements, working with hotels and conference centers to plan menus and set-ups, discussions with clients, etc. I don't supervise anyone directly. I work about 3-15 hours of 'overtime' each week (so 43-55 hours/week), as is 'suggested' by my company. I only turn in a timesheet when I take a day off. I've worked there a little over a year. I'd like to talk with my company about the fact that I probably shouldn't be classified as exempt, but I don't know who to talk to and how to start the conversation. Should I go to my boss? Or the HR Manager? The Controller? And how do I start that conversation? If I discuss this topic, do they have to pay me for the overtime I've worked in the last year? My main goal is to simply not HAVE to work overtime anymore, or at least to get paid for the overtime I do work, but I think they might 'freak out' and think I'm going to sue if I even broach the topic. Plus, if I'm wrong and I SHOULD be exempt, I don't want to ruin my future with this organization because I brought up the topic. Any advice?

I'm not sure you couldn't be classified as exempt under the Administrative exemption. Supervision of other employees is required only for the Executive exemption. See here under Section 1 "Applicability of Order":
http://www.dir.ca.gov/IWC/IWCArticle4.pdf

Not exactly relevent but need to talk to someone,

I understand the employer has the power, but at what time is it unsafe. Working up to 12 hours a day for 11 days until 1 or 2 days off and then repeat the schedule. I can't believe this doesn't break some labor law.:confused:

Any advice?

Patty gave you some. You did not like it. Sorry, I can't help. Patty is really good at this stuff. Maybe one of the CA experts can give you an answer more to your liking.

Under the FLSA there is no absolute limitation on the number of hrs that an employee may work in any workweek. Althought there is a maximun of 168 hrs (24 hrs a day x 7 days a week) that an employee could physically work in any one week.


§ 778.102 Application of overtime provisions generally.

Since there is no absolute limitation in the Act (apart from the child labor provisions and regulations thereunder) on the number of hours that an employee may work in any workweek, he may work as many hours a week as he and his employer see fit, so long as the required overtime compensation is paid him for hours worked in excess of the maximum workweek prescribed by section 7(a). The Act does not generally require, however, that an employee be paid overtime compensation for hours in excess of eight per day, or for work on Saturdays, Sundays, holidays or regular days of rest. If no more than the maximum number of hours prescribed in the Act are actually worked in the workweek, overtime compensation pursuant to section 7(a) need not be paid. Nothing in the Act, however, will relieve an employer of any obligation he may have assumed by contract or of any obligation imposed by other Federal or State law to limit overtime hours of work or to pay premium rates for work in excess of a daily standard or for work on Saturdays, Sundays, holidays, or other periods outside of or in excess of the normal or regular workweek or workday. (The effect of making such payments is discussed in §§ 778.201 through 778.207 and 778.219.)

Scott, I think you didn't realize that the other post was not from the same poster.

Poor in Ca, take a look at the administrative exemption and see if you qualify. http://www.dir.ca.gov/dlse/Glossary.asp?Button1=A#administrative%20exemption

Debbiesoup, if you feel like you are working so many hours that it is unsafe, you should probably be looking for another job. In California, non-exempt employees cannot refuse to work overtime unless they have already worked 72 hours in the week.

I've taken a look at the site you suggested, Megan, and I'm pretty certain I'm not supposed to be classified as exempt. The biggest reason is that I don't really exercise discretion and independant judgement. I basically following set procedures to set up and administer our trainings. If anything deviates from the 'norm' I go to my supervisor(s) for how to proceed. I also don't think I fit in the other category regarding the type of work (Number 2, 3, 4 in the link sent to the DLSE- I don't assist anyone, I don't work in a specialized or technical field, and I don't spend a majority of my time on special projects or tasks) as none of those seem to fit my work.

I know my company classifies me as exempt because the nature of my position involves longer hours- setting up for training seminars before or after work hours, cleaning up after parties, etc. I also get phone calls from our staff after hours when they travel and flights are delayed, so that I can change plane or hotel reservations or call their destination to let them know they'll be late.

So, after all that, does anyone have any advance on how to talk to my company? Who should I go to, my HR manager? My direct supervisor (who has NO IDEA what labor laws are)? What should the conversation be like? Should I prepare anything in advance? How do you think they'll react?

Legally, they cannot retaliate against you for asking to be paid in accordance with the law.

In the real world, it happens more often than not, and usually in ways that you can't really fight back against (if they fire you for asking for overtime, you have a case for wrongful termination, so they usually don't fire you - they just make you miserable until you quit).

There are various statutes of limitation in play here, and some of your rights can expire as early as a year after you began working for the company.

You will have to decide whether it is worth it to risk making the claim, or whether you should wait until you leave that company and pursue your back pay then.

I'm already planning on leaving the company as soon as I find alternate employment for a variety of reasons, so I am not too concerned about retaliation. It's fine if I wait the couple of weeks until I quit to pursue the back pay.

Should I ask for the repayment in person, or in writing (I'm not sure how to begin that conversation!)? Should I try to complete timesheets for the 16 months I've worked there and hand them in? I'd like to try to recover the pay without legal action or filing a claim with DLSE if at all possible. (Maybe it's just me being naive, but I honestly think my employer doesn't realize I'm misclassified, and I think they'd be open to discuss the situation.)

I would do it in writing, on your last day there. I hope that you are right about the company; it would be unusual, but you know them, and I don't.

I said they'd be 'open to discuss the situation' not that they'd be happy giving me the money! :)

Thanks for all the advice, I'll see what happens.