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CA Overtime - Exempt Status

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  • CA Overtime - Exempt Status

    Years ago I was told by the CA Labor Board that simply being labeled “exempt” did not prevent me from being paid overtime – that there was more to the issue than just being “salaried” and/or “exempt”. However, after reading several of the thread responses regarding overtime pay in California, I’m confused as to whether or not this is still the case. Often you have stated that if you are "exempt", you do not get paid overtime. Yet, recent investigation into what truly constitutes an exempt employee seems to indicate that there are many other factors involved, such as whether or not you hire/fire employees and your yearly income. Can you more clearly define what the current guidelines are for declaring an employee exempt from overtime in California? Also, if an employer labels someone as "exempt", yet their duties do not fall within those guidelines, does this simply mean the employee is "mis-labeled", and, therefore, eligible for overtime?

  • #2
    Exempt

    The rule is still the same...if a person is working in an exempt job, they do not need to receive overtime, etc. However, the determination of who is or isn't exempt has been modified, especially over the past year under the current Presidential administration. You can read more about exemption at: http://www.dol.gov/elaws/esa/flsa/screen75.asp

    California's explanation of exemptions may be found at: http://www.dir.ca.gov/dlse/Glossary.asp?Button1=E
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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