Request Legal Help Now - Free
LAWSUITS NEWS & LEGAL INFORMATION

California Employees Misclassified as Exempt from Overtime Pay

. By
San Jose, CAWith the economy as it is, it is no wonder that many employees are working extra-long hours to earn a little extra money, thanks to California overtime laws. However, some employees are learning that overtime pay in California is not all it is cracked up to be—especially when their employers misclassify them as exempt from overtime.

Unfortunately, the issue of exemption is not clear-cut. Take the case of Raymond P., who wrote to LawyersandSettlements about his employment situation. Raymond was hired as a Business Systems Analyst and classified as exempt from overtime pay for the year he worked at that position.

Raymond says he frequently misses breaks and lunches but is never paid for overtime. "I do not supervise anyone or take on any managerial discretion but only take on assignments for which I'm being supervised by my manager," Raymond writes. "My job title as a Business Systems Analyst does not even correspond to my job duties, as most of my time is spent on accounting and finance matters."

If Raymond was spending most of his time in executive-type duties—with all the authority and discretion that typically go along with those jobs—then he would be legitimately exempt from overtime pay. But if, as he says, he works under close supervision and takes on no managerial duties, then it is possible that he was misclassified as exempt.

Employers and employees alike are often under the misconception that job titles determine whether or not a person is eligible for overtime pay. An executive-sounding title like Business Systems Analyst can misclassify an employee as exempt from overtime pay when the title does not accurately reflect the work he does.

If Raymond was wrongly disqualified from overtime pay, then he has a legitimate complaint, and it is likely that other people in his company who were given the same job title also have a legitimate complaint against their employer.

Giving employees fancy job titles and descriptions is one way that companies try to save money. However, employers cannot get out of paying overtime wages so easily.

READ ABOUT CALIFORNIA OVERTIME LAWSUITS

ADD YOUR COMMENT ON THIS STORY

Fields marked * are mandatory. Please read our comment guidelines before posting.

*Name:

Note: Your name will be published with your comment.

*Email Address:

Your email will only be used if a response is needed.
*Your Comment:

Are you the defendant or a subject matter expert on this topic with an opposing viewpoint? We'd love to hear your comments here as well, or if you'd like to contact us for an interview please submit your details here.


Click to learn more about LawyersandSettlements.com
Request Legal Help Now! - Free