Last week, a California judge certified a class of nearly 3,000
Oracle employees who allege they were misclassified as exempt under California’s
Labor Code – similar to the federal
Fair Labor Standards Act (“FLSA”) – by denying overtime pay and failing to provide off-duty meal periods.
All employees who are not exempt must be paid at a rate of one and one
half times their regular rate of pay for all hours worked in excess of
40 hours in any workweek.
Whether an employee is “exempt” is one of the most important
issues in overtime law. Exemptions fall into three principal white-collar
exemptions – executive, professional and administrative. Executive
exemptions typically involve high-level managers or other individuals
who manage and control an important aspect of the company’s business.
Professional exemptions apply where your duties involve work that is intellectual
in nature and requires “advanced knowledge” in an area of
science or learning. Administrative exemptions cover those employees whose
duties include the performance of office or non-manual work related to
the general business operations of a company, and who’s primary
duty involves the exercise of discretion and independent judgment related
to company business.
At issue in the Oracle case is whether thousands of employees including
technical analysts, project managers and quality assurance analysts, should
be considered exempt.
Although California uses a slightly different test to determine exemptions
than the FLSA, under both California law and the FLSA job title is irrelevant
to the exemption determination – what matters is the specific job
functions of the employees in question.
Employers often misclassify employees – either mistakenly or intentionally
– depriving workers substantial overtime compensation. If you have
believe you been denied all the compensation you are entitled to, contactThe Buckley Law Firm, LLC, a Georgia law firm dedicated to protecting worker’s rights.