I have a question about compensation for required work hours for an exempt salaried employee in California.

This employee is a director (principal) of a private preschool, salaried. The company requires her to be in the office five days a week -- Monday - Friday a minimum 40+ hours per week. Approximately six times per year the company requires the director to work a mandatory open house/marketing day on a Saturday which averages 5+ additional hours for the week. The weekend hours are never compensated financially or with time off allowed. At other times of the year the principal is also expected to work weekends (again no compensation) to do class changes at the end/beginning of new school years.

Is this legal? Or should there be some type of compensation?

Exempt salaried employees never have a legal expectation of additional compensation for working more then 40 hours per week. Exempt salaried employees who routinely work many more then 40 hours per week with no additional compensation is both legal and very, very common.

Is this legal?

Yes.

Or should there be some type of compensation?

Not legally required, but the employer MAY do something that does not risk the exemption. Taking extra time off during school breaks would be fine, I would think.

Not legally required, but the employer MAY do something that does not risk the exemption. Taking extra time off during school breaks would be fine, I would think.

Thanks, this would be acceptable to the employee...she's just questioning the legality of being "forced" to work 50 hours a week and not being allowed to take time off during the work week (there are not school breaks -- it's a year round preschool/daycare) without it coming out of vacation/sick time. Plus being mandated to check e-mails etc. on weekends/vacations from her house.

Thanks, this would be acceptable to the employee...she's just questioning the legality of being "forced" to work 50 hours a week and not being allowed to take time off during the work week (there are not school breaks -- it's a year round preschool/daycare) without it coming out of vacation/sick time. Plus being mandated to check e-mails etc. on weekends/vacations from her house.

While what you describe is legal, I think it is a mistake when an employee works, oh, six days of ten hours each and the employer demands the employee use eight hours of paid time off when the employee is out for one of them.

Agree with ScottB. If this is otherwise a good employee, I'd cut her some slack although what you're doing IS legal.

If this person is required to check emails from home they should submit the cost of internet access and part of the cost of the computer under section 2802 of the California Labor Code which states:

2802. (a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful. (b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. (c) For purposes of this section, the term "necessary expenditures or losses" shall include all reasonable costs, including, but not limited to, attorney's fees incurred by the employee enforcing the rights granted by this section.