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View Full Version : Exempt or Non-Exempt? California


amber5
11-03-2006, 08:11 AM
I just started a job as an asst. mgr trainee. I was offered a salary when hired. Upon starting, I was told that I would be hourly, and working 48 hrs a week. I was also told that OT is paid only after working 48 hrs. Since I've started, I have worked 9 to 10 hours daily, but at the end of the week, the total hours worked sums up to 48 hrs. I am working 4hrs extra this week in addition to the 48hr schedule. Here are my questions:

1. Is a manager trainee classified as exempt or non-exempt. (I have been told that I am not a manager yet, which is why I am being paid hourly and not salary while training).

2. Is the company in its right to set 48hrs as a regular work week without paying OT after 40hrs/wk or 8hrs/day?

3. If this company is based in another State whose regular work week is 48hrs, would that apply to their stores here in CA as well.

4. Am I entitled to time and half pay rate for the 4 extra hrs?

Thank you for any answers you can provide, and hopefully clarify my confusion.:confused:

BSPCPA
11-03-2006, 08:46 AM
1. Your "job title" doesn't dictate whether you are exempt from OT, rather your "job duties." Hence, depending on what "managers" do at your company, they may be "non-exempt" employees.

2. As a general rule, California non-exempt, hourly employees are entitled to time-and-a-half pay if they work more than 8 hours in a day or 40 hours in a week. There is no basis in "setting 48hrs as a regular work week without paying OT after 40hrs/wk or 8hrs/day."

3. It does not matter that a company is headquarted in a different state. If the company has employees working in CA, the workers are afforded the protection of California's OT provisions.

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