Executive Exemption - California Overtime Law

Overtime Law

Schneider Wallace Cottrell Brayton Konecky LLP

Executive Exemption

“Executive Employees” are exempt from California’s overtime requirements.

Executive employees' work must include hiring and supervising subordinates. Indicia of executive employment include setting employee schedules and pay rates, determining the methods used by employees in completing their work, controlling work flow or the flow of products and merchandise, controlling revenue and expenses or responding to employee complaints.

California Law defines “Executive Employees” as follows:

Executive (Managerial) Employee means any employee whose duties and responsibilities involve:

1. The management of the enterprise in which he is employed or of a customarily recognized department or subdivision thereof; and

2. Who customarily and regularly directs the work of at least two or more other employees therein; and

3. Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and

4. Who customarily and regularly exercises discretion and independent judgment; and

5. Who is primarily engaged in duties which meet the test of the exemption.

If you believe that you are not being paid for all of the time you have worked or that you are not being paid overtime that you are due, please fill out our online consultation form.

News

Schneider Wallace Cottrell Brayton Konecky LLP announces a $19.75 Million settlement of Tong v. CVS. The case involves claims by CVS’ Pharmacist employees regarding unpaid meal breaks, rest breaks and overtime. For more information click here

Schneider Wallace Cottrell Brayton Konecky LLP wins an historic $100 million judgment against San Francisco Unified School District in landmark disability access case on behalf of all disabled students of San Francisco Unified School District. <more...>

Schneider Wallace Cottrell Brayton Konecky LLP announces a $54.9 Million Settlement in FedEx Race Discrimination Class Action <more...>

Schneider Wallace Cottrell Brayton Konecky LLP announces a $10.6 million settlement in a class action alleging that Lawrence Livermore National Laboratory discriminated against its 3,200 female employees in pay and promotions <more...>

Schneider Wallace Cottrell Brayton Konecky LLP announces a $9 Million Settlement in a wage and hour class action against Kaiser <more...>

Schneider Wallace Cottrell Brayton Konecky LLP secures a $5.8 million settlement in national class action alleging UPS discriminates against deaf employees <more...>

Schneider Wallace Cottrell Brayton Konecky LLP announces a $5.3 million verdict in a state-wide class action against Costco <more....>

Schneider Wallace Cottrell Brayton Konecky LLP files a class action against eHarmony for its refusal to offer matching services to gay and lesbian users <more...>

Schneider Wallace Cottrell Brayton Konecky LLP announces landmark victory on behalf of learning-disabled MCAT test takers

Schneider Wallace Cottrell Brayton Konecky LLP announces the filing of a nation-wide employment discrimination class action against Best Buy on behalf of all African American, Latino and female employees. <more...>

Schneider Wallace Cottrell Brayton Konecky LLP wins victory in a landmark trial of class action employment case against UPS <more...>

For information about the recent Stipulated Judgment entered in the City College of San Francisco class action on behalf of all disabled students, click here

Federal Judge certifies first ever race discrimination class action against FedEx and names Schneider Wallace Cottrell Brayton Konecky LLP class counsel. <more...>

Schneider Wallace Cottrell Brayton Konecky LLP files national class action against Sears for failure to pay wages <more...>

Schneider Wallace Cottrell Brayton Konecky LLP congratulates Todd Schneider who was named the 2005 Trial Lawyer of the Year by the San Francisco Trial Lawyer's Association

Schneider Wallace Cottrell Brayton Konecky LLP congratulates Todd Schneider who was honored as a Super Lawyer by San Francisco Magazine for a third straight year in 2004 - 2006.

Schneider Wallace Cottrell Brayton Konecky LLP congratulates Todd Schneider who was a finalist for the Consumer Attorneys of California's 2006 Consumer Attorney of the Year Award

For information about the settlement in the Elkin v. Six Flags, Inc. class action on behalf of hourly employees in California, click here (5 megabyte download).

Investigations

Quickly Restaurants

Pharmaceutical Drug Reps Denied Overtime Compensation

Failure to Pay Wages

CVS and Sav-On Pharmacists

Disability Access (ADA)

Guidant Defibrillators

Welder's Disease/Manganism

Schneider Wallace Cottrell Brayton Konecky LLP
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Tel: (415) 421-7100

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Schneider Wallace Cottrell Brayton Konecky LLP is a dedicated group of California trial lawyers committed to continuing the work of the civil rights movement through individual and class action litigation. For over a decade, our attorneys have handled matters in the areas of Americans with Disabilities Act (ADA) discrimination, class action lawsuits, employment discrimination, pregnancy discrimination, and class action litigation regarding dangerous drugs including Vioxx.