Overtime Law
Schneider Wallace Cottrell Brayton Konecky LLP

Am I Exempt?

 

You are not necessarily exempt from California's overtime requirements, even if you are paid a salary.

 

For the purposes of California overtime law, all employees are either "exempt" or "nonexempt."  Every nonexempt employee is entitled to overtime pay, even if they are salaried.  That is, just because you are paid a salary, you may still be entitled to overtime.

 

Most employees who are paid on an hourly basis are "nonexempt" -- and thus must be paid overtime -- no matter what kind of work they do.

 

Your status as an exempt or nonexempt employee does not depend on how the employer characterizes you, but rather on your job duties.

 

Generally, you are exempt from overtime pay only if:

 

    1.  You are actually paid a salary (not hourly), and

    2.  You perform the duties of an exempt employee.

 

Exempt employee duties fall into one of three categories:

  1. Executive Duties
  2. Administrative Duties
  3. Professional Duties

 

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

 

bullet Quickly Restaurants

 

bulletPharmaceutical Drug Reps Denied Overtime Compensation

 

bulletFailure to Pay Wages

 

bulletCVS and Sav-On Pharmacists

 

bulletDisability Access (ADA)

 

bulletConsumer Fraud

 

bulletDangerous Drugs

 

bulletAccess to Education

 

bulletDeaf Rights

 

bulletSerzone

 

bullet Guidant Defibrillators

 

bulletWelder's Disease/Manganism

 

 

 

   

 

 

 

 
 

 

 

Schneider Wallace Cottrell Brayton Konecky LLP
180 Montgomery Street, Suite 2000
San Francisco, California 94104
Tel: (415) 421-7100

Toll Free: (800) 689-0024
Fax: (415) 421-7105
TTY: (415) 421-1655

Email:  info@schneiderwallace.com
 

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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.