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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 employed by a large corporation that is a Japanese company,

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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?
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:
Customer: replied 5 years 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.





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 and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.



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?



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 5 years ago.



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.?