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I supervise two people. Does that mean I fit into the 'Executive Exemption'?

Not necessarily. Although one of the requirements for the executive exemption is that you must supervise at least two people, this requirement is only one of many.  The California labor law has regularly been interpreted to find that supervising only two people would rarely require sufficient supervisory time to satisfy the exemption.

Typically, only executives of the company will qualify for it. If you are a team lead, project manager, or development manager, you can still be entitled to overtime.  Job titles do not determine whether or not you are exempt; an attorney can review your job description--compared to the job duties you actually perform-- to determine whether or not you are entitled to overtime--your right to overtime will depend on what you actually do for your job.

As well, California labor law requires overtime for managers who spend more than 50 percent of their time doing the same work as their subordinates.



SOURCES

The California Department of Industrial Relations (www.dir.ca.gov/dlse/faq_overtime)
Workforce Software (www.workforcesoftware.com/resources/ca)
LawyersandSettlements (www.lawyersandsettlements.com/case/overtime_california.html)
Legal Aid Society (www.las-elc.org/)

No. Subject Author Date Views
72 California Overtime Violations FAQ - I think my employer will retaliate against me if I file a wage claim for unpaid overtime. What can I do? HR-Consultant 2012.07.07 663
71 California Overtime Violations FAQ - Can I file an overtime complaint against my current employer? HR-Consultant 2012.07.07 734
70 California Overtime Violations FAQ - How much will a California Labor Law Attorney Cost? HR-Consultant 2012.07.07 662
69 California Overtime Violations FAQ - How long does it take to get an Overtime Court Case? HR-Consultant 2012.07.07 660
68 California Overtime Violations FAQ - Why do I need an attorney when I can just file an overtime claim with The California Labor Commission? HR-Consultant 2012.07.07 664
67 California Overtime Violations FAQ - What can I do if my employer doens't pay me my overtime wages? HR-Consultant 2012.07.07 734
66 California Overtime Violations FAQ - Does travel time count as overtime? HR-Consultant 2012.07.07 710
65 California Overtime Violations FAQ - I'm a truck driver. Does that mean I an exempt? HR-Consultant 2012.07.07 703
» California Overtime Violations FAQ - I supervise 2 people. Does that mean I fit into the Executive Exemption? HR-Consultant 2012.07.07 695
63 California Overtime Violations FAQ - I work part time and am paid a monthly salary. Does that exclude me from overtime? HR-Consultant 2012.07.07 785
62 California Overtime Violations FAQ - signed up a statement as exempt and supervisor told no overtime. Is that right? HR-Consultant 2012.07.07 816
61 California Overtime Violations FAQ - I don't supervise anyone. How can I determine whether I have been misclassified as exempt? HR-Consultant 2012.07.07 653
60 California Overtime Violations FAQ - what does exemption or being exempt mean? HR-Consultant 2012.07.07 738
59 California Overtime Violations FAQ - how long does it take to get paid overtime? HR-Consultant 2012.07.07 640
58 California Overtime Violations FAQ - Can my employer require me to work overtime? HR-Consultant 2012.07.07 774
57 California Overtime Violations FAQ - what if work overtime without permission? HR-Consultant 2012.07.07 687
56 California Overtime Violations FAQ - Alternate Work Week? HR-Consultant 2012.07.07 658
55 California Overtime Violations FAQ - What is considered a "work week?" HR-Consultant 2012.07.07 618
54 California Overtime Violations FAQ - California Overtime Violations FAQ HR-Consultant 2012.07.07 675
53 U.S. offers tips on avoiding overtime pay HR-Consultant 2012.07.07 636