Legal Question in Employment Law in California
Overtime pay for exempt employees
Does a salaried employee who works an average of 50-60+ hours a week (continually) have the right to sue for overtime pay when the employers work standard is to expect this level of time commitment?
1 Answer from Attorneys
Re: Overtime pay for exempt employees
It depends on the type of work you do and how much you are paid. For instance, if you are a highly paid executive working without close supervision, you are expected to do whatever is necessary to complete your assigned tasks with no additional pay.
If, however, you are a typical office worker doing assigned tasks under supervision, you must be paid overtime, regardless of whether you are called "salaried." The Labor Code outlines the requirements for "exempt" and "non-exempt" employees.
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