Whether or not you should be paid for overtime worked depends on whether or not you are an “exempt” employee or a “non-exempt” employee. Employees who are exempt, generally salary employees, do not get paid overtime. However, non-exempt employees should be paid for those hours worked.
Under both federal and California law, exempt employees are salaried executives, administrative and professional employees. Under California law, these employees are exempt from both the minimum wage and overtime provisions. Under California Labor Code Section 515(a), to be exempt, you, as an employee must:
- Be “primarily engaged in duties that meet the test of exemption;” and
- “Customarily and regularly exercise discretion and independent judgment in performing those duties;” and
- Earn “a monthly salary equivalent to no less than twice the state minimum wage for full-time employment.”
If your employment does not meet all three of the aforementioned requirements, then you are a non-exempt employee and you should be paid for your overtime.
In these tough economic times, management is cutting corners and trying to find ways to save money for their businesses. However, saving money by not paying you for the time you have worked is against the law.
Whether or not you are an exempt or non-exempt employee requires careful legal analysis. The attorneys at Quintilone & Associates have ten years of experience in handling wage and hour actions against employers and can tell you if you are entitled to overtime pay. If you are not getting paid for the time you work, contact the attorneys at Quintilone & Associates at 949-458-9675 or [email protected] and [email protected] immediately.
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