alex2004
04-23-2007, 05:29 PM
Are slaried employees exempt from the break laws?
View Full Version : salaried employee breaks California
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alex2004 04-23-2007, 05:29 PM Are slaried employees exempt from the break laws? DAW 04-23-2007, 06:21 PM "Salaried" and "Hourly" are just payment methods. The key distinction is really "Exempt" and "Non-Exempt". Non-Exempt employees can be paid on either a Salaried or a Hourly basis. If one looks at the Wage Orders only (basically regulations) then the breaks/meals rules are specific to Non-Exempt employees only. If one instead looks at the California Labor Code, no such distinction is made. However, the penalties only seem to apply to Non-Exempt employee violations. http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm alex2004 04-24-2007, 06:00 PM Thank you for responding. I think it is interesting that the enforcement of the rule is different between these two groups. I am hourly and find it frequently inconvient that I have to take a break. On the other hand exempt employees frequently get taken advantage of by working very long hours with no break. I have been on each side. Pattymd 04-25-2007, 04:16 AM At least you realize, Alex, that there are both pros and cons to both exempt and nonexempt status. A lot of people don't. |
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