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HR Disciplines
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/)
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/)