Job duties of an executive who is exempt from overtime are:
For an employee to be exempt from overtime, not due overtime, the employer must prove that they fit within the description of an exemption from overtime. These exemptions are to be narrowly construed against the employer. By narrowly construing the exemptions, the laws are meant to favor the employee obtaining overtime wages. The following is a list of what an employer must prove to avoid payment of overtime to its employee under the executive exemption:
(1) customarily and regularly supervises two or more other employees; and
(2) has hiring and firing authority or gives recommendations on hiring or firing that is
caries significant weight; and
(3) regularly exercises independent judgment and discretionary power; and
(4) employee’s primary duty must be management of the enterprise or a department.
You cannot go by the job title to determine whether an employee is exempt from overtime for being a “manager”. For instance an assistant manager in one situation may be exempt and in another not. If the assistant manager is generally on duty at the same time as the manager, the assistant manager probably is not exempt and must be paid overtime. An employee who holds a fancy title implying that he or she is “the boss” but who does not in fact supervise two or more employees or who has no discretion, is likely a non-exempt employee due overtime wages.
Many employers improperly classify their employees as exempt executives because they fail to recognize that their employees have very little independent judgment or discretionary power and they do not want to pay overtime wages. Where the employee’s primary job is determining and following pre-established rules and has little to no discretion, the employee is likely due overtime wages.
If you feel that you have been misclassified and would like to discuss the matter with an attorney, call (360) 566-WAGE or (360) 566-9243. You will not be asked to pay a fee for the call.
Wage Claim Attorneys
The lawyers at Schuck Law, LLC focus their law practice on wage claim lawsuits. Our attorneys regularly prosecute Oregon wage claim lawsuits for employees who were not timely paid their final wages. In addition to the claims for damages outlined above, an employee may also sue to recover their costs, disbursements, and attorney fees incurred in prosecution of the wage claim lawsuit. This allows the attorneys at Schuck Law, LLC to take most wage claim lawsuits on a contingency fee basis. This means, with minor exceptions that are within your control, that our attorneys only get paid their attorney fees if they recover wages for you.
The lawyers at Schuck Law, LLC prosecute Oregon overtime wage claims throughout Oregon, including but not limited to, Portland, Astoria, Beaverton, Bend, Clackamas, Coos Bay, Grants Pass, Hillsboro, Hood River, Klamath Falls, Lincoln City, Madras, McMinnville, Medford, Portland, Sandy, St. Helens, and Tillamook.
Google By David Schuck