Exempt employee wondering if I should have been non-exempt?

I was a insurance sales manager for the Auto Club of Southern California for 2 years. We were exempt employees, but we were required to do non-exempt employee work such as selling policies, servicing exisiting clients, and we were required to be the first ones at the office and the last ones to leave not matter what the hour. During those two years I was working 80-100 hour weeks. I am wondering if I have a case?

1 answer  |  asked Jan 25, 2009 11:03 AM [EST]  |  applies to California

Answers (1)

Arkady Itkin
Your employment status

Whether you are exempt employee depends on the specific duties you performed. To be exempt, you must primarily (more than 50% of the time on the regular basis) engage in executive/policy making duties.
Something tells me that your position is analogous to that of an insurance adjuster as far as responsibilities go. If that's the case, you are a "production" worker and thus non-exempt. Selling policies and servicing clients is hardly an exempt work as it doesn't involve executive decisions for the company's policies or other supervisory functions. Thanks, and feel free to follow up.

Arkady Itkin
www.sanfranciscoemploymentlawfirm.com

posted by Arkady Itkin  |  Jan 25, 2009 12:30 PM [EST]

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