I’ve been working a contract at a weekly rate for almost 4 months now. The pay is much lower than I would normally take but i did it for the experience and because it was a long term gig. I’ve been working OT almost every week and since I’m exempt (on W2) they do not pay overtime. Is this legal? I live in CA and wondering if anyone else has experienced this?

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It’s legal if you ARE exempt. I’m not an expert on the California side of things, but you likely make more than the salary requirements. The next thing is if you exhibit independent judgement in your daily work life. There are some other requirements that you can find easily online, but I would personally not typically consider a senior PM to be non-exempt.

You could try to claim that you have no hiring and firing abilities, and are typically directed by someone else in your daily tasks. But I think you’d have a better shot just renegotiating. If they negotiated you down in bad faith (with no expectation of weekend work) it would seem fair to bring your rate up. It’s also fair to have a conversation about constantly working extra hours and if you can get help. Not saying it will work, but worth a shot.

In CA if you are non-exempt you’d likely have to bill hourly and would qualify for OT past 8 hours a day not OT past 40 hours a week like in NYC.

I’m pretty sure being on a W2 doesn’t disqualify OT. I have employees on salary that qualify for OT in my agency.

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