Legal Question in Employment Law in California

How can I colet over time pay if I'm getting salary pay


Asked on 11/09/09, 9:20 pm

1 Answer from Attorneys

Herb Fox Law Office of Herb Fox

You can't collect overtime if you are truly an "exempt" employee, that is, one who is properly being paid "on salary." and is therefore exempt from the overtime laws. In general terms, the test for an "exempt" employee is that your primary duties have to be managerial or professional. Many employers improperly pay people a salary when they do not have managerial or professional duties, in order to avoid paying overtime. If you believe that is the case for you, please contact my office for a consultation

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Answered on 11/15/09, 1:15 pm


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