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Law Offices of Michael Tracy
"If the exemption doesn't fit, the employer must remit."

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Field Service Engineers

We have recently handled several cases for field service engineers. Many employers improperly classify this position as exempt. However, unless you are a licensed engineer working as such, you are likely entitled to overtime. Common misclassifications are employees who perform routine installations and maintenance of equipment in the field. These employees are entitled to overtime.

Another common issue in this type of work is the payment on a piece rate or flat daily rate. In either case, you are entitled to overtime for any time worked past 8 hours in a day or 40 hours in a week.

Travel time is also frequently an issue for this type of work. You are entitled to be paid for any travel time between job sites. In general, you are not entitled to travel time to your first job site or your last job site of the day, provided this can be considered part of your normal daily commute. If the travel time is for an emergency repair outside of normal hours, such as on the weekend, then you should be paid for that time as it is not part of any "normal" commute.

If you are not being paid proper overtime or not receiving your proper meal breaks, please contact me.

 

Overtime Updates
January 2017: New minimum wage laws and overtime exemptions
December 2016: New federal regulations for overtime create confusing issues for California workers
New Computer Professional Law wage increase Jan 01, 2015
August 2013: Unpaid internships are illegal.
April 2013: California's executive exemption defined.
California Labor and Employment Law Blog
Meal Break violations can extend back four years
Information Technology (IT) overtime.
VIDEO LINK: Michael Tracy discusses Liquidated Damages for Overtime (QuickTime 6MB)
©2016 Michael Tracy

This website only provides general information about the overtime laws in California and is not meant to be legal advice and does not serve to establish an attorney-client relationship. Please note that labor laws are constantly changing and being interpreted by the courts and you should consult with an attorney to ensure that you have the most up-to-date information. Any statements, on this page or elsewhere, are not guarantees of any outcome. Michael Tracy is a licensed attorney only in California.