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Q.If an employee signs a paper agreeing to be salaried and exempt from overtime, can the employee still get overtime?
A.Yes. An employee who is entitled to overtime (non-exempt) cannot waive his or her right to overtime pay. It does not matter if you signed a paper agreeing to be exempt and agreeing to no overtime. The employee's actual job duties determine whether the employee is exempt and whether or not that employee is entitled to overtime. If your job duties and salary do not meet all the requirements for an exemption, you are entitled to overtime.
If you would like assistance with filing a California wage claim with either the California Labor Commissioner or a California Small Claims Court, call 818-849-5206 or email Melissa C. Marsh, Esq. to speak with a licensed California attorney. Mention this article and receive a 30-minute consultation for just $99.
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