Am I Exempt

My question involves employment and labor law for the state of: California

Am I exempt from overtime pay being a parts manager for an auto dealership? I always thought being a salaried manager I had no chose in the hours I worked but after reading the overtime rules I'm not so sure.

I was told yesterday that we will be now open Saturdays and since there is only 2 of us I will have to work every other one. I currently work 8 1/2 hour a day, Monday through Friday, and won't be given an extra day off. I'm paid a monthly minimum salary with a chance at a bonus if I hit a certain amount of sales, which I have only received twice in over 3 years because it is so ridiculous.

Can they make me work an extra 16 hours a month without paying me overtime?

:wallbang:

I just read up on exemptions and and it's still not clear.

Executive Exemption

To qualify for the executive employee exemption, all of the following tests must be met:

* The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week;
* The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;
* The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and
* The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.


I only have 1 employee so that ones out

Administrative Exemption

To qualify for the administrative employee exemption, all of the following tests must be met:

* The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
* The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and
* The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. I really don't get that one!

This is where it gets tricky. My primary job is not managerial at the moment but working the parts counter 90% of the day. Is that considered "general business operations of the employer?"

Quote:

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Quoting Glenh2nd

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* The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.[/I] I really don't get that one!

This is where it gets tricky. My primary job is not managerial at the moment but working the parts counter 90% of the day. Is that considered "general business operations of the employer?"

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Not so tricky. If you're working the counter most of the time, you don't meet this requirement. You don't exercise discretion and independent judgment with respect to matters of significance if you sell the license plate holder for what the company says to sell license plate holders for.