In her BLR webinar “Job Descriptions: How to Tackle Tricky Drafting Hurdles to Maximize Compliance and Effectiveness,” Olivia Goodkin , partner at Rutter Hobbs & Davidoff, details the considerations employers must make when evaluating whether an employee is legally entitled to overtime pay.
For a Limited Time receive a
FREE Compensation Market Analysis Report! Find out how much you should be paying to attract and retain the best applicants and employees, with
customized information for your industry, location, and job.
Get Your Report Now!- Under federal law (Fair Labor Standards Act), most employees in the United States must be paid overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.
- Job descriptions include duties that clarify whether a position is exempt from overtime laws.
- There are five categories of exempt employees: administrative, executive, professional, outside salespersons and certain computer workers. To qualify for the exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week.
- Job titles do not determine exempt status; an employee’s specific job duties and salary must meet all the requirements of the state’s regulations.
Olivia Goodkin, Esq. is a partner in the Los Angeles office of Rutter Hobbs & Davidoff where she specializes in liability avoidance and employment-related litigation. She can be reached via email at mogoodkin@rutterhobbs.com.