Legal Question in Employment Law in California

I'm a Software Quality Control Analyst working in California. I am a salaried full-time (what they call �exempt�) employee, making roughly 73k per year. I often have to work overtime, but I am not compensated for it. For each vacation day I take, I have to make up for it in working overtime.

This has caused me to feel sick, tired and burned out. This company did not give out raises last year, and we are not keeping up with inflation.

My question is, given my salary rate (in california), shouldn't I be getting paid for working overtime?


Asked on 6/10/10, 8:29 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you are properly classed as salaried exempt, you are not entitled to OT. You work at the pleasure of the employer. That's what you get paid the big bucks for. If improperly classified, then you could be entitled to all that back OT with interest and penalties. If you seriously believe you are, then you can try to file a claim with the Labor Commissioner. Their opinion is generally the one that counts. You can then hire an attorney if they accept your filing. If so, feel free to contact me if serious about pursuing the case.

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Answered on 6/11/10, 10:30 am


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