MANAGERS ARE NOT ALWAYS EXEMPT FROM OVERTIME PAY

To determine whether an employee is exempt from overtime, the law requires more than an examination of the employee's title. Thus, a manager is not automatically exempt from overtime pay.

California has been hit particularly hard by the current economic slowdown. The most recent unemployment rates are hovering around 11% according to the US Department of Labor. In this tough economy, they are doing whatever they can to cut expenses and meet bottom lines. For some employers, this includes lay-offs, hiring freezes, cutting back on benefits and requiring employees to take over unpaid leave.

The reduction in the workforce can mean more work for employees who remain on-the-job. For those in managerial positions, this can result in increased job duties, longer working hours and less compensation. It can also result in managers doing the work of lower-level employees.

Managers are exempt from overtime compensation under federal and state laws. However, it is important to remember that it is not obligatory, and that it is important that this is an important source of compensation.

Those currently in managerial positions should consider their day-to-day duties and determine whether they are spending a majority of their time managing others or performing the same tasks as they supervise. Even though these employees may have their jobs as free, this does not mean their status can not change. Employees who can not afford to be overpaid in the past, or in some cases, double time for hours or 40 hours in a day or 40 hours in a week.

When a Manager May Not Be a Dining

In determining whether an employee is exempt from overtime, the law requires more than just an examination of the employee's title. Merely classifying an employee as a manager does not automatically make up the employee.

Whether or not an employee is exempt from overtime pay depends on what is the position of the employee. According to California law, the following is a requirement for the management of the profession, including the following:

-Customarily and regularly direct the work of at least 2 or more employees
-Customarily and regularly exercising discretionary power
-The authority to hire and fire an employee
-The ability to make comments and suggestions on the subject of self-management.

To be free, the employee must spend more than 50 percent of his / her / its time performing the above-listed duties. For example, if an employee spends only half of his or her time in a managerial role and the other half performs the same duties as those or supervised, the employee may lose status.

Additionally, to be considered a manager, an employee must earn a minimum wage for full-time employment, which currently is $ 2,560.00 per month.

If an employee treats an employee's status as "exempt," the employee does not meet these requirements, the employee may have a claim against the employer for unpaid overtime compensation.

Seek the assistance of an Experienced Employment Law Attorney

It is Advantageous For Employers to classify employees as managers. Employers receive the benefit of employees who may be required to work with them. But if an employee is not employed, the employee is not entitled to pay, and the employee is not entitled to pay any penalty, as a result of the misclassification.

Employees may file a claim with the Division of Labor Standards Enforcement (Labor Commissioner) or may pursue a civil lawsuit against their employer. A wrongful termination attorneyexperienced in overtime compensation claims

There is a limited amount of time in California for a claim for unpaid overtime. Employees should not be affected by this situation, and they should not be allowed to work. Contact an experienced wage and hour worker for hours or hours.