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Employment

Generally speaking, California workers are statutorily entitled to overtime compensation for working in excess of a 40-hour work week or in excess of an eight-hour work day, unless they are properly classified as falling within one of the narrow exemption categories. (See Lab.Code, §§ 510, 515, subd. (a).) Workers employed in an executive, administrative or professional capacity are exempt.  In the recent case, Taylor v United Parcel Service, Inc., an employee who performed non-manual managerial duties is exempt from overtime pay and related benefits.  For example, an employee that performs the following may be exempt from the overtime rules:

  • preparing performance reviews, accident reports, and other administrative reports
  • audits to ensure adherence to the company’s policies and procedures; 
  • determining employee training needs;
  • participating in development and implementation of work process plans to promote efficiency;
  • administering disciplinary process and involving upper management and/or union officials as necessary;  etc

Therefore, if an employee performs some managerial duties, even though he is not a manager per se, he may be exempt from the overtime compensation rules.

Last Updated Thursday, August 17, 2017 - 04:53 PM.


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