Legal Question in Employment Law in California
Am I exempt or nonexempt status? How do I determine this in the context of overtime pay? is this stated on tax forms?
I earn $10/hr and my job requires me to answer customer emails and handle customer purchase disputes.
3 Answers from Attorneys
The law determines whether you are exempt or non-exempt based on your job duties and how much you earn. From your brief description, it does not sound as you can be an exempt employee both because it does not appear you are a professional, manager or administrator and you do not earn enough to be exempt. This means you should be paid at overtime premiums for every hour you work in excess of 8 in a day or 40 in a week.
If you are paid by the hour, instead of a fixed salary, you are almost certainly non-exempt and should be paid overtime. If you want more information, please contact me at 805-886-4515 for free consultation. Thanks.
You must file a suit for violation of federal overtime laws. Get the overtime you deserve. 20 years experience. Contact me directly.
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