Legal Question in Employment Law in California

I am an exempt employee for a non profit in San Francisco. I have been exempt for 10 years. My exemption has been changed more than once and each time because I had asked a couple questions regarding my exemption. I am executive exempt, but do not have anyone to assist with the work and find myself working 6 12 hour days without consideration. Does my employer have to meet the exemption by hiring more people to help with the work?


Asked on 8/17/10, 4:05 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

What determines whether you are actually an employee exempt from overtime is not the amount work or workforce available to assist you, but among other things - the kind of work you do the majority of your time and the kind of duties you perform. If most of your duties are "managerial" and "executive" as defined by law, then you are exempt, assuming that other requirements are met. If not, you are likely not exempt and are entitled to overtime compensation.

Thanks,

Arkady Itkin

San Francisco / Sacramento Employment Lawyer

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Answered on 8/22/10, 4:15 pm


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