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August 16, 2010
Who is Entitled to Overtime in Your Organization?

Allen Kato and Dan Obuhanych discuss workers and overtime in a BLR webinar entitled ‘High-Tech Workers: Who’s Entitled to Overtime and Who’s Not; Avoid the Top 5 Most Common Mistakes’. They explain the importance of properly classifying workers and determining who should and who should not be entitled to overtime activities within an organization. It is also important to note what groups of employees, such as high-tech employees, should be exempt from overtime duties. Determine who is exempt can help avoid unnecessary legal issues and problems. The following is a list of what organizations should consider regarding overtime duty within the organization:

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  • Potential impact of misclassification
  • Unpaid volunteers and interns
  • Independent contractor vs. employee
  • Exemption checklists such as job descriptions, duties tests
  • Salary requirements
  • Five most common mistakes
  • Preliminary, post-work activities and standby time
  • Calculation of overtime
  • Responding to wage and hour violations

Allen M. Kato, Esq., is an attorney in the San Francisco, California office of law firm Fenwick & West, LLP (www.fenwick.com). His practice concentrates exclusively on representing management in wage and hour, equal employment opportunity, unfair competition and trade secret matters, and privacy matters; and litigating individual and class action wage and hour, wrongful discharge, employment discrimination, and unfair competition matters before courts and agencies.

Dan Ko Obuhanych, Esq., is an attorney in the Mountain View, California office of law firm Fenwick & West, LLP. His litigation practice focuses on labor and employment law, litigating wage and hour suits, unfair labor practice claims, discrimination/retaliation lawsuits, grievance/arbitration matters, and EEOC/DFEH charges.

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