Legal Question in Employment Law in California

Re: am i supposed to get paid overtime

You may be entitled to overtime pay. This depends upon the nature of your duties. If your duties are clerical or maintenance, for example. You would be entitled to overtime pay. If your duties are managerial or administrative you may be exempt from overtime pay. Contact your nearest office of the Division of Labor Standards Enforcement, the State Labor Commissioner, to discuss your employment in greater detail. Good luck.

Re: am i supposed to get paid overtime

California law is fairly specific about the type of employee that qualifies for overtime (commonly referred to as non-exempt employees). Just because your employer calls you an administrative employee does not mean that you are not entitled to overtime. Among the factors considered in defining exempt employees are how much of your time you spend doing "creative" work that requires you to exercise discretion and whether you control your own schedule. In general, support staff (secretaries, admin assts, clerks, custodians, security guards, etc.) will never qualify as exempt employees. By statute, certain categories such as nurses and paralegals are defined as non-exempt employees and must be paid overtime.

If you believe you qualify for overtime and are not being paid, you should get in touch with the California Labor Commissioner's office, or look at their web site, for more information on making a claim.

If you think you have a claim, and the amount of past-due overtime is sizable (as it must be if you have worked 80 hours per week for an extended period), it may be to your benefit to consult with an attorney specializing in wage and overtime claims. Such an experienced third party is less like to be intimidated by your employer and will be better able to negotiate on your behalf.

And be aware that it is illegal for you to be fired for exercising your right to make such a claim.