Working more than 8 hours a day, 5 days a week

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Working more than 8 hours a day, 5 days a week

I work out of my home in California for a top company located on the east coast. Do I have any rights to ‘overtime pay’ as a salaried employee if I work 12 hour shifts, 5 days a week? I have worked for the company for 12 years but 10years in the department that requires me to work 12 hours.

Asked on July 14, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Overtime law is set by the state you work in, so you may be eligible for overtime under CA law IF you are not exempt from overtime. You write that you are salaried; that means that you *may* be exempt, since being salaried is the first criteria for being exempt from (not getting) overtime. However, in addition to be salaried, you must also meet one of the tests for being exempt, such as the "executive" (which really should be called "managerial") test, or the "professional" exemption. Go to the U.S. Dept. of Labor website: you can find the different tests or criteria for being exempt. Compare them to your job: if you meet one or more of those tests and also are paid by salary, you are not entitled to overtime.


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