PDA

View Full Version : California Exempt


Noexcuses1
06-18-2005, 10:10 PM
I am currently an Exempt worker in California. I am being sent to perform hourly work at a store during a remodel for 2 months. During that time I will not supervise or be performing any exempt duties. Is it lawful for them to use me to save overtime pay that they would have to pay hourlys.

LConnell
06-18-2005, 11:53 PM
What type of work are you required to perform? If your work is more than 50% manual and you are not making any sales, etc., then you are probably non-exempt and, therefore, you are eligible for overtime.

You can read about it at: http://www.dol.gov/elaws/esa/flsa/screen75.asp California is the same except it requires a higher level of pay.

Noexcuses1
06-19-2005, 01:24 AM
My typical job duties are that of an Operations Manager with a minimal amount of hourly work being performed. But for 6 weeks, 2 months ago and now for 2 more months I am being required to perform hourly duties 100% of the time.

LConnell
06-19-2005, 09:56 AM
Then you would be considered as non-exempt. There are a few exceptions for those of commission. However, the person must still earn a rate equal to minimum wage and overtime.

California Labor Law Posters
Comply with California regulations with one Complete California Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.