How do I know if I’m I exempt from overtime laws?

UPDATED: Sep 30, 2022

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How do I know if I’m I exempt from overtime laws?

I am a pest control technician who is required by my company to have a Class C CDL with Hazmat Endorsement, since I occasionally have to carry hazmat (2/3 times a year). I am not a truck driver and I make $50,000 per year.

Asked on December 23, 2015 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

An exempt employee is not covered by OT laws; an non-exempt employee is. Numerous lawsuits have been the result of an employer's misclass​ification of non-exempt employees as though they were exempt from overtime. There are many considerations to be factored in however, in making this determination.
Here is a link to a site that will help you decide whether or not you are considered to be an exempt or non-exempt employee under CA law:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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