Legal Question in Employment Law in California

Overtime and the Exempt Employee

Is there a limit on overtime required of exempt employees? The requirement is not written but is verbally stated, culturally expected, and work is assigned and performance reviewed in a manner that makes overtime necessary.

For Example: Hired for exempt position. Employer has a stated 40-hour workweek in employment documentation. Average workweek turns out to be never less than 55 - 65 hours. At regular intervals project deliverables necessitate 100+ hours per week, which may entail a 7-day per week effort. This may continue for durations of 6 or more weeks. There is never any compensation, reciprocation, promotions or perks, although there may occasionally an internal acknowledgement of the contribution.


Asked on 8/17/00, 12:49 am

1 Answer from Attorneys
Stuart Kaye Law Offices of Stuart M. Kaye

Re: Overtime and the Exempt Employee

There is no limit on the amount of time an exempt employee may be required to work. However, the fact that you were hired in an "exempt position" does not necessarily mean that you are exempt from overtime compensation. Your duties and other factors may make you non-exempt.

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Answered on 9/22/00, 4:23 pm


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