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I work part time and am paid a monthly salary. Does that exclude me from overtime?

Unless you are exempt, you are required to be paid for all overtime worked. Even if you are paid on a salary basis, you can still be entitled to overtime, regardless of the amount of your salary. And even if your company labels you a "part time" employee, or an "independent contractor," you are likely entitled to overtime pay. The only people who are not entitled to overtime pay are those people that meet all of the requirements for one or more of the narrowly defined exemptions, even if you supervise other people. An experienced wage and hour attorney can evaluate your situation and determine whether you meet the criteria to be able to collect overtime pay.



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
» 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 2012.07.07 820
61 California Overtime Violations FAQ - I don't supervise anyone. How can I determine whether I have been misclassified as exempt? HR-Consultant 2012.07.07 657
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 2012.07.07 787
57 California Overtime Violations FAQ - what if work overtime without permission? HR-Consultant 2012.07.07 689
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 2012.07.07 620
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