Legal Question in Employment Law in California

Was I correctly classified as salaried exempt?

I worked for a national retail chain as a manager of a department in their corporate office. Their were two of us in the entire department, my counterpart was my boss. I did not supervise any people, and I was not responsible for the hiring or firing of personnel. I traveled fairly extensively in this position working an average of at least 50-55 hours per week (more if overnight travel is to be compensated). I am wondering if I should have been classified as non-expemt (thus compensated for OT pay) since I had no direct reports and I did not directly supervise people? Any input would be greatly appreciated!

P.S. I do have a copy of my job description if more information is needed.


Asked on 6/03/03, 1:36 pm

1 Answer from Attorneys
JEB Pickett Wynne Law Firm

Re: Was I correctly classified as salaried exempt?

While you would not be exempt under the executive exemption, you are likely exempt under the administrative exemption, which requires that you perform office work directly related to the management policies or general business operations of your employer or its customers and customarily exercise discretion and independent judgment in carrying out those duties. The actual job description and a description of acutal duties would help solve this question the duties must be exempt and you must be engaged in such duties more than 1/2 of the time.

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Answered on 6/04/03, 9:12 pm


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