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 percent or more of the employees time is spent doing those non-exempt tasks then the employee is entitled to overtime.

Back to Blog
Contact us media

© Kesluk, Silverstein, Jacob & Morrison. All Rights Reserved.

Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at (310) 997-4431.
Contact Us