Is Your Exemption From Overtime Appropriate? San Diego Employment Lawyer – 619.202.0264

I received several questions over the past month regarding proper exemption from overtime requirements. The question that begs itself here is am I properly exempt from overtime and therefore I am not legally entitled to receive overtime compensation since my employer classified me as a salaried employee?

The simple answer is just because you’re on a salary, that doesn’t mean you’re automatically exempt from overtime. Many employers try to evade the overtime compensation requirements by putting the salary tag on the employee regardless of his duties. Your title does not determine whether you are entitled to receive overtime compensation and courts look at your actual duties. Therefore, if you are a salaried employee and your employer is making you work many overtime hours, odds are you are improperly classified as exempt employee and you are entitled to overtime.

Executive duties: Do you supervise two or more employees? Is management your primary job? Do you have genuine input into the hiring, promotion and firing of your subordinates? If yes, odds are you are properly exempt from overtime.

Learned professions: Are you a doctor, lawyer, dentist, teacher, architect, clergy, engineer, or scientist?  If yes, you are not entitled to receive overtime compensation.

Creative employees: This list of employees include actors, musicians, composers, writers, cartoonists, and some journalists. If you are one of them, you are exempt from overtime even if you are not salaried.

Administrative duties: Do you perform office work that’s directly related to management or the general business operations of your employer? Do you use your independent judgment and discretion about significant matters? If yes, then you are properly exempt from overtime.

Our San Diego Overtime Attorney Can Explain Your Rights
If you need assistance in determining whether you are properly exempt from overtime or whether you are owed any overtime, feel free to contact our San Diego overtime Attorney. You may also contact our San Diego overtime lawyer online and confidentially discuss your situation. – 619.202.0264

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