Legal Question in Employment Law in California
Technical recruiter exempt or non exempt?
I'm wondering if technical recruiters are non-exempt. My employer is saying I'm exempt and requires overtime, which they will not pay. Is this right?
2 Answers from Attorneys
Re: Technical recruiter exempt or non exempt?
One can't determine by job titles whether an employee is exempt or non-exempt. It is the actual job duties you are expected to perform that determines your status. Generally speaking, if you spend more than half the time performing certain types of professional work, managerial or administrative work, as defined by law, you may be exempt.
Write down your job description and assign to each task the percentage of time you spend doing that work on a weekly basis. Then, run the result by an experienced employment law attorney or a deputy labor commissioner for a more informed opinion.
Re: Technical recruiter exempt or non exempt?
Exemptions cannot be determined by title alone. An attorney would need to know what activities you perform on a daily/weekly basis and the percentage of time you perform those activities, as well as other criteria, far too numerous to explain here. You should also acquire a copy of your employer's job description for your job and determine if it accurately describes your activities. Feel free to see our website for further information, or call our office for a consult.