Wrongful termination - and I want to get my overtime

[daveyboy]

What is the name of your state? California

I was hired as a Manager for a software company. After I was terminated for bringing up overtime issues, I realized that even though my title was Manager, I did not meet the requirements to be exempt from overtime pay. I have a conference next month with the Division of Labor and my former employer regarding this. I kept track on a monthly basis on a calendar regarding the overtime I worked. Is this sufficient proof that I worked the hours? Some of the extra work occurred from home on the computer my company lent me in order to work the extra hours.
I'm wondering how they might try to counter my claim at the conference, and I want to be as prepared as possible.

thanks!

 

[JETX]

Did your job provide for you submitting signed timesheets?? If so, one way that they can 'counter' your claim is to present your signed timesheets.

 

[daveyboy]

No. No timesheets. Nothing like that at all.

 

[GoforLaw]

my guess is that they will rely on the manager classification and argue that you had significant managerial responsibilities, decisionmaking and control.

 

[daveyboy]

Thanks. Yeah, but I think I have them there, since I was a Manager of a department of one, me. I think that in order to be exempt from overtime you have to manage at least 2 people. Does that sound about right?

 

[Beth3]

No. That is not at all correct. It is entirely possible to be a manager and/or be exempt with no direct reports at all. Many exempt individuals manage a function, not people.

I have no idea from your post whether you were appropriately classified as exempt or not but if you were fired merely for asking about it, that would be a violation of the law in and of itself (prohibited retalliation.)

 

[cbg]

There are several different types of exemptions. For the Executive exemption ONLY, you need to have two or more direct reports. There is no such requirement for the Professional, Administrative or Computer exemptions.

 

[daveyboy]

Thanks. Maybe this will help a bit:
I was Manager of Quality Assurance for a software company. I was told I had the authority to hire/fire people, but was actually granted the ability to do so on one occasion. I had one other person working under me for a few months at one point in time.
My job description details my responsibilities, which also included Defining and implementing processes, signing off on final software releases, Management of the QA Team, and more of the same.

 

[Beth3]

Absent further detail, my initial feeling is that those duties do indeed qualify the position for exempt status.

 

[daveyboy]

Thanks so much. I forgot to mention that although these are in my job description, I was never actually given the authority to do these things, except for hiring the one employee.
Thanks again for your feedback.