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My employer told me that I am exempt but I don't supervise anyone. How can I determine whether I have been misclassified as exempt?

Your employer should inform you when you are hired whether you are eligible for overtime pay or not, ideally in a written contract along with your job description. If you are concerned that you should be receiving overtime, or that you've been
misclassified as exempt, you can consult the California Department of Labor for more information about the labor laws. You should also ask an experienced wage and hour attorney to evaluate your situation and decide if your employer has violated the state's labor laws.

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 2012.07.07 664
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 2012.07.07 705
64 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 2012.07.07 787
62 California Overtime Violations FAQ - signed up a statement as exempt and supervisor told no overtime. Is that right? HR-Consultant 2012.07.07 828
» California Overtime Violations FAQ - I don't supervise anyone. How can I determine whether I have been misclassified as exempt? HR-Consultant 2012.07.07 664
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 2012.07.07 798
57 California Overtime Violations FAQ - what if work overtime without permission? HR-Consultant 2012.07.07 692
56 California Overtime Violations FAQ - Alternate Work Week? HR-Consultant 2012.07.07 661
55 California Overtime Violations FAQ - What is considered a "work week?" HR-Consultant 2012.07.07 623
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 2012.07.07 639