Overtime for Supervisors ??? California

[anga]

I am a dispatcher for a transportation company whos title was recently changed to operations supervisor. I work in a two person office of which the manager is never in. Have recently been assigned quite a few new job responsibilities and have been threatend with the statement " All of your duties need to be completed on a daily basis or else" Have been told by my manager that I work until all of duties are completed or else. All of this on e-mail.......Now the regional manager has told me I will work 10 hours a day. I also carry a radio 6 days a week. And they have me listed as an exemp employee. Am i entitled to overtime pay?

[LConnell]

It is difficult to say based on the information that you have provided. Your eligibility for overtime depends on your responsibilities and your level of pay. You can read more about what constitutes an exemption under the Fair Labor Standards by reading the following website: http://www.dol.gov/esa/regs/complian...nistrative.htm

Let me know if you have any other questions.

[anga]

Originally Posted by LConnell

It is difficult to say based on the information that you have provided. Your eligibility for overtime depends on your responsibilities and your level of pay. You can read more about what constitutes an exemption under the Fair Labor Standards by reading the following website: http://www.dol.gov/esa/regs/complian...nistrative.htm

Let me know if you have any other questions.

I do mostly admin work. and am a go between for our contractors and the stores we do deliveries for. Phones, filing, data entry, process billing etc.

[LConnell]

Based on the brief information that is here, I would say that you are non-exempt and, therefore, eligible for overtime. California requires payment of overtime for any hours worked over 8 in a day. (There are exceptions for people working an alternative work schedule, such as 4 10 hour days.)

Carrying a radio will not necessarily require payment for those hours. You only need to be paid for the time you spend responding to a call...the time you are actually working. This is because the radio provides you with a certain amount of flexibility in how you spend your free time. Even if having a radio does not permit you to leave town, merely carrying it will not be considered worktime.

Let me know if you have any other questions

[ziles]

There are certain ways for employers to get out of paying overtime. The most common is by contracting the work instead of hiring the worker as an employee(I unfortunately had this happen). I would go over any papers that I signed before taking the job and see what the agreement is. If you receive benefits from the company you are most likely an employee. If you have no signed documents then verbal would be the only thing to go off of...this is never a good thing(easy to squirm out of).

I'd suggest checking all documentation you have with the company to make sure what the agreement is. If nothing is written down then I would suggest taking an action and checking the government site above.

Best of luck to you.

[LConnell]

I'm not sure why the issue of independent contractor status was raised. The original post said that he/she is considered an exempt employee.