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An individual under the circumstances you describe is likely improperly classified as exempt pursuant to the managerial exemption from overtime. In order to be exempt pursuant to the managerial exemption from overtime, California law provides that an employee must "primarily" engage in the following duties and enjoy the following discretionary authority.
- Direct the work of at least 2 or more employees
- Exercising discretionary power
- Have the authority to hire and fire employee
- Have the ability to make comments and suggestions about personnel matters that are given weight by the employer.
The term "primarily" as used in California Code of Regulations, title 8, section 11040, subdivision 1(A)(2)(f) ("primarily engaged in duties that meet the test of the exemption," italics added) is defined to mean "more than one-half the employee's work time."
(Cal. Code Regs., tit. 8, ? 11040, subd. 2(N).)
Since it would appear that less than half of your work time was performing tasks which would satisfy the managerial exemption from overtime, exemption would typically be improper and grounds for a wage claim would exist, which you could pursue through the Department of Labor Standards Enforcement.
To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
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