Account Managers Are Not Executives, Therefore they are Owed Overtime Pay for Overtime Hours – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on August 12, 2013

PhonecallAccount Managers are the liaison between a company and its clients.  Using their sales and customer service experience, it’s the Account Manager’s job to maintain, retain, and promote the company’s products or services to the company’s clients.  Account Managers generally work long hours, every day, every week.  But while they are responsible for company accounts, they are not executives.  Generally, they do not manage a department.  Account managers generally don’t direct the work of at least two other employees.  Account managers do not generally have the power to hire and/or fire other employees, or the power to strongly recommend an employee be hired or fired.  Therefore the work they perform is not exempt from overtime pay under California Labor Law or the Fair Labor Standards Act (FLSA).

Under the FLSA and the California Labor Law, employees who are not exempt because the work they perform is executive or administrative, are entitled to overtime pay for any hours worked beyond 8 per day or 40 per week.  Overtime pay is calculated at 1.5 times the employee’s regular pay rate.

Recently Blumenthal, Nordrehaug & Bhowmik filed a class action on behalf of Christopher Valverde and other similarly situated current and former Account Managers, against Cogent Communications, Inc. (Cogent) for failing to pay them and other Account Managers overtime wages.  The lawsuit, Valverde v. Cogent Communications, Inc., Case No. 113CV239322, is currently pending in the Santa Clara County Superior Court for the State of California.

If you are an Account Manager/Executive working for any company and are not being paid overtime, call an experienced Los Angeles labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (310) 981-3918.  Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws.

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