How Overtime is Achieved by Job Type

Managers

One of most common overtime myths is that managers are not entitled to overtime compensation.  Many employers think that paying managers on a salary basis (as opposed to on an hourly basis) automatically makes the manager exempt from overtime.  This is simply untrue, and in many  the manager is entitled to overtime compensation for all hours worked in excess of 8 hours per day, or 40 hours per week.  This is a classic “misclassification” problem, which we often see in retail establishments and restaurants.  If you are a salaried manager and think you may be entitled to overtime compensation, contact our office to discuss your potential claim.

Non-Profit Work and Overtime

Many workers assume that they are not entitled to overtime simply because they work for a non-profit organization.  This is not necessarily the case, as there is not any sort of “special” overtime exemption for employees of non-profits.  Contact us today to see if you believe that you are entitled to overtime pay.

Nurses and Overtime

Many categories of nurses are entitled to overtime pay.  While there are special regulations that may alter the overtime rules for nurses, you still may be entitled to overtime.  If you are a nurse and are not currently being paid overtime, contact us today to see if you may have a claim.

EMTs / Ambulance Drivers and Overtime

Another common overtime myth is that EMT workers and ambulance drivers are not entitled to overtime.  This is simply not the case.  While there are certain regulations that may alter the overtime rules for EMTs and ambulance drivers, you still may be entitled to overtime compensation.  Because these cases are fact-specific, please contact our offices today to see if you may be entitled to overtime compensation.

Inside Salespeople

An inside salesperson is a person who engages in sales activity “inside” an office or store.  It is a common misconception that paying an inside salesperson on a commission basis exempts them from overtime compensation. This is not true in most instances.  While many inside salespeople are paid on a commission basis, most are still entitled to overtime pay.  If you are a salesperson wondering if you are entitled to overtime compensation, please contact us to discuss your case.

Outside Salespeople

An outside salesperson is a person who spends more than 50% of his or her working time engaged in sales activities outside of a store or office.  For example, a door-to-door salesperson would be considered an outside salesperson, so long as the majority of his working time is spent selling goods or services outside his place of business.  However, many employers misclassify outside salespersons as exempt from overtime, when the salesperson does not meet the specific criteria of the exemption.  For example, a salesperson who spent 40% of her time engaged in outside sales activities, but the other 60% of their working time completing paperwork, preparing files, or making sales calls from inside her office would likely be entitled to overtime.  If you think you may have been wrongly classified as an outside salesperson, contact our office today to see if you are entitled to overtime compensation.

IT Workers

Even if you are a well-paid, salaried IT worker or code writer does not necessarily mean you are not entitled to overtime.  In some cases, you may be entitled to overtime compensation.  If you are an IT worker or code writer who works more than 8 hours per day or 40 hours per week, please contact our office to discuss your potential claims.

Automobile Mechanics

California law does not specifically exempt automobile mechanics from overtime payments.  While many mechanics are paid on a piece-rate basis (i.e. per repair or per job), this does not mean the mechanic is not entitled to overtime for hours worked in excess of 8 hours per day, or 40 hours per week.  In fact, California courts have specifically rejected the notion that auto mechanics are not entitled to overtime, as they not engaged in the sale of a service, but rather perform the service.  If you are an automobile mechanic, and think you may be entitled to overtime compensation, please contact our office to discuss your potential claim.

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