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

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Resident Apartment Managers

Resident Apartment Managers who live on the premise and are responsible for the daily maintenance and renting of units are generally entitled to overtime. If you receive a free apartment, the value of that apartment must be used in computing your regular rate of pay.

Non-Profit Work

There is no special exemption for people who work for non-profit organizations. Unless you meet one of the exemptions you are probably entitled to overtime pay.

Video Game Programmers and Artists

If you work was a programmer or artist developing video games, there is a good chance that you are entitled to overtime. Electronic Arts recently settled a suit with their artist and have a suit pending with their programmers. If you read the section on the laws, you will see that game programmers do not fit into any of the exemptions. If you are a game programmer and paid a salary, you should contact me immediately. If you are paid on an hourly basis, please read the section on the Computer Professional Exemption, as you could still be entitled to overtime pay if all the requirements are not met.

Nurses

Most nurses are entitled to overtime pay. Certain types of advanced practices nurses are exempt as professional employees. These are certified midwives, certified nurse anesthetists, and certified nurse practitioners. If you are not one of these advanced types of nurses, there is a good chance you are entitled to overtime. However, there are many regulations in this field that allow for alternate work weeks and overtime at different hours. If you are not getting overtime as a nurse, it is best to contact me and go over your particular case.

EMTs and Ambulance Drivers

There is no special exemption for EMTs and Ambulance drivers. However, as with nurses, there are some special circumstances that can slightly alter the overtime requirements for these jobs. Please contact me if you work in this field and are not receiving overtime pay.

Salespeople

Most "inside" sales positions are entitled to overtime pay. Salespeople of all types, loan officers, mortgage brokers, insurance salespeople, etc are frequently miscategorized as exempt when in fact they are entitled to overtime. In order to be exempt from overtime, you must work in a retail establishment, make at least $10.13 per hour and have at least 50% of your total compensation come from commissions. If you work as in inside sales and don't make enough in commissions to qualify, please contact me.

Truck Driver

Trucks driver's overtime can be complex. However, if you drive a truck and do not cross state lines and your load has not recently crossed state lines, then there is a good chance that you are entitled to overtime. It is important to know that you can be entitled to Federal overtime even if you are not entitled to California overtime. Thus, if you called the "Labor Board" and they told you that you were not entitled to overtime, they were only talking about California overtime. You may still be entitled to Federal overtime. If you are interested in whether or not you are entitled to overtime, please contact me. Please include the following information if you are a truck driver: the size of your truck (# of axles and gross weight rating), what type of product you haul, where you haul it from (to/from), did this product come from out-of-state?

Attorneys

Yes, even attorneys can be entitled to overtime pay. If you work as a contract attorney and are paid by the hour, you are entitled to overtime pay for hours worked over 8 in a day or 40 in a week as well as the double time provisions. I would be more than happy to help you get your overtime. Please contact me if you have any questions.

Car washes, dry cleaners, other manual work

If you do any type of manual work, you are usually entitled to overtime pay. In addition, you can be entitled to double the wages owed as additional compensation. There are also frequently other types penalties that you can recover. If you perform any type of manual work and are not paid overtime, please contact me. I can help you even if your claim will not be for much money.

 

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.