My wife is a salaried employee. Is she entitled to overtime pay? Or if she works a sixth day?

Asked almost 2 years ago - San Pedro, CA

How do we know if she is exempt or nonexempt?

Attorney answers (4)

  1. Sean Patrick Lewis

    Contributor Level 17

    4

    Lawyers agree

    Answered . There are a number of exemptions, and it is really much easier for her to tell someone about her job, and go from there. some information that might be useful to you is here:

    http://www.dir.ca.gov/dlse/FAQ_OvertimeExemptio...

    Good luck!

    The above is not intended to be legal advice, but may be used for general information. Please contact an attorney... more
  2. Matthew P. Blair

    Contributor Level 11

    3

    Lawyers agree

    Answered . The answer to your question is that it depends. California Labor Laws set forth specific overtime exemptions. What kind of work does your wife do? Is she a professional? Does she have managerial responsibilities? A lawyer would need to know the answer to all of these questions and then some in order to provide you with an accurate answer. This link might also be helpful:
    http://www.dir.ca.gov/dlse/faq_overtime.htm

    Matthew Blair
    www.beverlyhillsbusinesslawyers.com

  3. Gregory Philip Bowes

    Contributor Level 13

    2

    Lawyers agree

    Answered . The U.S. Department of Labor has a web site that should give you information on your question. Check http://www.dol.gov/whd/flsa/ for information about wage and hour laws. I think you have a situation where you should consult with an experienced local attorney to see what your options are.

    I have taken no action on your problem other than to review your question. I want to confirm that no attorney-... more
  4. Tuvia Korobkin

    Contributor Level 13

    Answered . As the other attorneys have mentioned, you should consult with an attorney experienced in California wage and hour laws. Depending on a number of factors, your wife may in fact be entitled to overtime, among other rights.

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