Legal Question in Employment Law in California

Re: Compensation For Overtime - Exempt vs. Non-Exempt

It's not the title as much as it is the duties. If you did normal employee stuff rather than management stuff and don't fall into the Cal. Labor Dept's exempt categories, you should be treated as nonexempt, and should be paid your overtime. More info is needed.

Re: Compensation For Overtime - Exempt vs. Non-Exempt

Correct classification of employees as exempt or nonexempt is one of the most difficult and hotly contested issues in California employment law. As you note in your question, an employee has a lot to lose in overtime wages if they are improperly classified as an exempt employee.

California law relies upon a "primary duties" test to determine whether an employee is entitled to overtime. Titles are not important; exempt status and entitlement to overtime compensation depends upon the actual work performed by the employee. For more information, you should consult with an employee rights attorney or contact California's Division of Labor Standards Enforcement.

Re: Compensation For Overtime - Exempt vs. Non-Exempt

While there is no requirement that your employer inform you of the shift in classification, they should have advised you of the re-classification and why you were being re-classified in order for you to determine if your exemption status is correct.

The real question here concerns the duties you were and are now performing and whether or not your classification is correct. The employer has a duty to properly classify you and to ensure that the duties you perform meet the exemption classification.

Should you wish to discuss your situation, please feel free to call my office or to call your local County Bar Association and ask for a referral to an attorney specializing in wage and hour law. You may also visit our website for more information: http://www.righettilaw.com/employment.html