Legal Question in Employment Law in California
i am a lending officer at at a bank, but i work way more than 40 hrs a week and i get paid on salary.
but 2 of other job functions are fixing stuff with tools and physically move and install computers. am i exempt employee or im entitle to get some over time or extra incentives
2 Answers from Attorneys
If you think you are improperly classified, and are entitled to hourly and OT, then you could file a claim with the Labor Commissioner if you can't get satisfaction from the company. If you want to get counsel to represent you in the hearings, feel free to contact me.
Whether or not you are properly classified as exempt depends upon the duties that you perform. While you have described some of your duties, what we would need to know is; what do you spend the majority (more than 50%) of your time doing? If you spend the majority of your time performing duties that would render you non-exempt, you may be entitled to overtime as well as other wages and/or penalties.
Our office has successfully litigated several class actions on behalf of bank employees who were improperly classified as salaried-exempt and recovered large judgments and settlements on behalf of class members. I would be happy to speak with you about your potential action. Please feel free to call or email at anytime. As our office is closed next week, if you provide me a contact number by email, I will promptly get back in touch with you.
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