Can salaried sales emp'ee get overtime? I am expected to work weekends in addition to the rest of the week. Salary 90k annually.

The answer is potentially. If you were misclassified as an exempt employee but are in fact a non-exempt employee, in California, you have effectively been paid $0 for every single hour of overtime you worked while being paid a salary.

In order to be exempt, you have to meet very strict requirements. You've apparently satisfied the "salary" requirement which requires you to make 2x the minimum wage.

But you also need to be able to use your discretion and independent judgment on matters of "significance." This essentially means that if you are doing highly routinized tasks or tasks that do not require a lot of judgment to complete, then you may not be exempt even though you're paid a salary and called exempt.

This type of issue is very fact specific. Here are some links to additional information. But also, it would be wise to speak with an attorney.

https://drewlewis.law/practice/wages/unpaid-overtime/

https://drewlewis.law/practice/wages/employee-misclassification/

posted by Drew Lewis  |  Apr 23, 2020 5:07 PM [EST]

Hello. If you are correctly classified as exempt from overtime pay, then this would not be unlawful. For more information, please refer to this page: http://www.arkadylaw.com/administrative-exemption-overtime.html


Thanks,

Arkady Itkin

posted by Arkady Itkin  |  Sep 12, 2019 9:56 PM [EST]