EmpleoPregunta 988 de 1605
A contractor pays a jobsite coordinator a fixed weekly salary but the coordinator spends most of the day doing manual labor alongside the crew. Is the coordinator automatically exempt from overtime?
a.No; without meeting the salary threshold and primarily performing exempt duties, he is non-exempt and owed overtime
b.Yes, because he has a title
c.Yes, any salaried worker is exempt
d.No, but only if he asks for it in writing
Explicación
Being paid a salary does not create an overtime exemption. To be exempt, the worker must both meet the minimum salary threshold (at least twice the state minimum wage for full-time work) and primarily perform exempt executive, administrative, or professional duties. A coordinator who spends most of his time doing manual labor fails the duties test and is non-exempt, so daily and weekly overtime rules apply regardless of the salary or title.
Referencia Legal: Labor Code §510; salary vs. exempt confusionPractica las 1605 preguntas gratis — sin registro.
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)