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overworked
10-11-2004, 04:28 PM
Can anyone explain this California Exempt Status to me. I was hired as a Marketing Assistant at 50k. I do not have hire and fire powers, I am not management, yet I am now told they can work me as many hours as they see fit because I am a "Exempt Salary Employee."

Is this some loophole that allows the employers to hire people on salary and work them more than 40 hours per week without paying them overtime?

I am very confused ...and tired of working sometimes 7 days per week. Seems to dilute that 50 K when you divide it by 70-80 hours per week.

Tired Calfornia Worker

LConnell
10-11-2004, 04:56 PM
It sounds like you are considered as an administrative exempt employee. The following website explains that classification: http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17c_administrative.htm

Let me know if you have any other questions.

AndrewAK
01-05-2005, 10:12 AM
One of the most important things that people tend to overlook is that employers cannot simply change your title at work and call you exempt. Simply because you are paid a Salary doesn't automatically make you exempt. Your job is the primary factor in deciding if you are an exempt employee.

There are 3 major exemptions. Administrative, Executive and Professional. The later has a few variations (Learned Professional and Creative Professional).

It is not true that simply because you are paid a salary that you are automatically exempt. There are several criteria that all must be met before anyone can be classified as an exempt employee. Check-out 29CFR Part 541 for all of the exemption requirements. Good luck.

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