Legal Question in Employment Law in California

I work as a salaried at-will a researcher at a management consulting firm in California, where I routinely work more than 40 hours per week. Am I entitled to overtime pay, or exempt under the "administrative work" or a similar exception?

The character of my work is NOT administrative vis-a-vis my employer's business, but perhaps could be construed as such vis-a-vis our clients (though I do not work on business strategy issues for our clients, but instead on content issues).

In short: do overtime regulations apply to salaried professional services workers, where do "white collar" exemptions apply, and is my work an exempted category if my daily work consists of performing research on our clients' behalf?


Asked on 4/19/11, 9:01 am

1 Answer from Attorneys

We lawyers get paid a fair amount for providing a legal opinion on whether a particular position is exempt or non-exempt, and if it is even a question, it usually requires a fair amount of work. There is no way based on your rough outline to give an opinion on your particular job, and it would be beyond the scope of a free internet question to do the work necessary to give you a solid answer. A better path to an answer for you as the employee would probably be to ask the Division of Labor Standards Enforcement a the California Dept. of Industrial Relations, since they are the ones who would decide if you had a claim for overtime or other wage issues if you are treated as exemptt when you are not.

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Answered on 5/02/11, 11:22 pm


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