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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 38129
Experience:  Retired (mostly)
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I am Transportation Supervisor for a district in California.

Resolved Question:

I am Transportation Supervisor for a district in California. During the school year I drive 3/4 of the time and manage the rest of the time. During the school year I put in a lot of extra hours over the 40 hour work week. The district says I am exempt for overtime since I am management. I did not want overtime per say I just wanted to take the hours off I have already worked.
My question is am I exempt since more than half my time is spent driving and not managing?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  socrateaser replied 5 years ago.
Under federal law (29 CFR § 541.700(a)-(b)), an employee who spends 50% or less time in his or her primary exempt duty is not covered by the overtime exemptions. Based upon your stated facts, you are an hourly worker entitled to overtime pay.

Note: You cannot bring a claim through the State Division of Labor Standards Enforcement, because under California law, government employees are not eligible to exercise their rights under the exempt-status laws. So, you will have to complain to the U.S. Department of Labor.

Or, you can hire a private lawyer and sue Cal-Trans (I'm assuming that's your employer). See this link for an employment-rights lawyer referral.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
I work for a school district. Does that make a difference? I get paid a salary.
Customer: replied 5 years ago.
They say I am full time exempt management employee.
Expert:  socrateaser replied 5 years ago.
It makes no difference what the school district claims. Under federal law, you are an hourly employee, based upon the amount of time you spend as a driver.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!