Legal Question in Employment Law in California

Employers don't get to exempt employees from overtime pay just because they pay them on a salaried basis. That would be too convenient. It is what an employees does as their primary job responsibilities that the law determines if they are exempt from overtime. The three typical classifications that are exempt, are professionals, managers and administrators, as defined by California law. There are a few other exemptions, as well.

An assistant technical designer does not sound as though it would fall within one of these exemptions. Your wife should consult with an employment law attorney in your area, to review the specifics of her job, for a legal opinion. She should also be keeping accurate record of the hours she is required to work, in case she needs to prove her case.

If she is properly classified as salaried exempt, no OT is due. Her job duties determine the outcome of this dispute. Just because she has been paid 'as' salaried is not conclusive. She may be entitled to retroactive OT and other benefits if she is not really and properly salaried exempt. If she is serious about pursuing this claim, feel free to contact me for legal help.