In order to determine if someone is entitled to overtime or not, you have to examine what their job function is. If their job function is truly managing, such as reviewing performance reviews, handling everyone’s scheduling, giving out discipline, hiring employees, making decisions about future plans for the company. Those are what are called exempt tasks, meaning they are exempt from overtime, but if the employee is engaged in stocking shelves, or working at a cash register, or helping employees sell on the floor, or working directly with customers, those are called non-exempt tasks and those are the kind of tasks that entitle employees to overtime. If 50% or more of the employee’s time is spent doing those non-exempt tasks, then the employee is entitled to overtime. If you want to learn more about employment law in California, take a look at our website, CaliforniaLaborLawAttorney.com.
