How can I know if I am eligible for overtime if I am a salaried worker? In this video, California employment attorney Douglas Silverstein discusses your rights regarding premium wages and salary. For more information, call (310) 273-3180.
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. For more information or to speak with an attorney call (310) 273-3180.