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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112777
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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We are the corporation in California, it's regarding the

Customer Question

we are the corporation in California, it's regarding the overtime for the manager:
her title is credit officer and oversight two staffs below her. she receive a yearly alary under the W-2. do we have to pay the overtime if she works over 40 hours/week?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under CA law and federal law, Fair Labor Standards Act, if the person is a manager and is on salary, then all they are entitled to is their salary and must work as many hours as necessary to do their job. They are not entitled to overtime for hours over 40 if they are a salary employee, absent some written employment contract to the contrary. That is the whole purpose of salary employment, to avoid overtime for certain classes of employees. So you do not have to pay overtime if she is a manager on salary who has to work over 40 hours unless you have a written contract with her to do so.