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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I am an unrepresented supervisory position at a CA community

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I am an unrepresented supervisory position at a CA community college. I understand that I am an administrator based on ECE 87002(a). My position duties are mainly technical professional work, and I do supervise some staff. Supervisory duties are mainly providing staff support by answering questions, clarifying topics, and evaluation. The bulk of my position duties; however, is independent professional work with reporting deadlines and I require minimal supervision. My employer currently pays overtime, or allows compensatory time earned, to the unrepresented supervisory and confidential groups. I suspect that my employer may wish to change this policy. Under CEC 88029, it clearly states that a district may exempt from the overtime (OT) provisions certain positions or classes or positions, which I understand. This section further states that to be excluded from the OT provisions, the personnel commission or gov board must certify that the exempted positions are management positions, with benefits, etc. and authority of such a nature to set these positions apart...

Here are my questions:
1) What type of authority does a position require to be exempt from OT?

2) With respect to 88029, what are the qualifiers for a "management position? as it relates to GC 3540.1 (g)?
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Can you tell me what your job title is and what duties you perform? Rough percentages?

Customer: replied 3 years ago.

I'd rather not on this type of forum, so I guess I should present my inquiry in a non-public environment. Thank you anyway.

That would be necessary for me to determine if you have an argument against being an exempt employee or not. I'd mostly need a general description (do you do IT work, etc.) and percentage of time you spend managing employees, whether you work on your own and have autonomy in what you do?

I could also ask that your question be set to private after it's closed.
Since you are an administrator, as long as this is an accurate description of your duties and you meet the below criteria, you would be considered an exempt employee and would not be entitled to overtime if your employer chooses to switch you to a salaried employee.

Since you manage other employees and only work with general supervision, exercising your independent discretion, you are almost certainly an exempt employee.

A person employed in an administrative capacity means any employee:

Whose duties and responsibilities involve either:
--The performance of office or non-manual work directly related to management policies or general business operations of his or her employer or his or her employer's customers, or
--The performance of functions in the administration of a school system, or educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and
--Who customarily and regularly exercised discretion and independent judgment; and
--Who regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative capacity, or
Who performs, under only general supervision, work along specialized or technical lines requiring special training, experience, or knowledge, or
--Who executes, under only general supervision, special assignments and tasks, and
--Who is primarily engaged in duties which meet the test for the exemption.
--An administrative employee must also earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. Full-time employment means 40 hours per week as defined in Labor Code Section 515(c).

I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.
If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service preferably) so I get credit for my work. I put significant time and effort into my answers and DON’T receive anything unless you rate me positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey.

Thanks and best of luck!

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