How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4890
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I am employed by a large corporation that is a Japanese company,

Resolved Question:

I am employed by a large corporation that is a Japanese company, and I work for a divison in California. The global company has many locations worldwide, and at our company in Californai I was hired as a Sales Manager for North America back in 2006.

At that time I had one direct report and I still do, although that position is currently open right now, since July of this year and we are currently interviewing to fill it. I also supervise a temporary empoyee who is from an employment agency and not a direct company employee of ours.

My question is since I have never ever had two or more direct reports that are employed by our company to mange, and even though I am titled a Sales Manager, and I do work with 40 independent sales agency representatives, but they are not our employees, and I do work over 40 hours just about every week since I have been there do I qualify for overtime pay?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Yes, you woud be entitled to overtime pay if you only supervise one employee on a regular basis.

In order to meet the management exemption from overtime you would need to meet all the qualifications that are set out below;

  • Receives at least two times the state's minimum wage as a salary for full-time employment. This is known as the "minimum salary level test."
  • The primary function of the job is management of the enterprise, or of a customarily recognized department or subdivision.
  • The job regularly directs the work of two or more subordinate employees.
  • Has the authority to hire, fire and give pay treatment, or recommend those things.
  • Handles employee complaints and discipline.
  • Devotes less than 50% of work time to activities other than managerial duties.
  • Regularly and customarily exercises discretionary power.
  • OR, owns at least a bona fide 20 percent equity interest in the enterprise and is actively engaged in its management. (29 CFR 541.114)
Since you don't meet the qualification of supervising at least two full-time employees, you are entitled to overtime pay since you are a non-exempt employee.

If your employer refuses to pay you overtime, you can file a wage claim with the Department of Industrial Relations for the amount of overtime that you're not being paid.

You can file a wage claim with the Department of Industrial Relations (Division of Labor Standards Enforcement) using the forms available online here:

http://www.dir.ca.gov/dlse/dlseWagesAndHours.html
Customer: replied 1 year ago.

Dear XXXXXph, Thank you for the information you have listed regarding my question. You state that since I am am a Non-Exempt employee I would be entilted. However, the company has me classified as Exempt - so this is why I am very concerned. Please advise.


 


Thanks


 


CFPariano

Expert:  Joseph replied 1 year ago.
Yes, the company has misclassified you as an exempt employee (which is fairly common, since companies do so unintentionally or intentionally to avoid paying overtime).

You should be classified as a non-exempt employee and you are entitled to overtime pay.
Joseph, Lawyer
Satisfied Customers: 4890
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Joseph,


 


Thanks again for your response. I now wonder if I bring this up to my emplyer, and they dismiss my claims, what receourse do I have? I make 6 figures and still have f years until retriement and do not want them to find away to fource me out. Do you think I have a case?


 


CFPariano

Expert:  Joseph replied 1 year ago.
Yes, I think you do have a valid wage claim. Unfortunately, if your claim is dismissed, your only other recourse would be to file suit for unpaid overtime.

It would be illegal for your employer to take any retaliatory action against you for filing a wage claim, since it is a protected activity.

If your employer were to retaliate against you, you would have a valid cause of action for wrongful termination in violation of public policy.
Customer: replied 1 year ago.

Joseph,


 


Again my sincere Thanks. I will discuss this with my family and decide how I want to move forward. If by chance the company dismisses my concern, does not take action and I contact the State of CA, do you feel that I would need to have counsel on retainer to move forward.?

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    845
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    329
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3365
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.