Hello all and congratulations on an excellent forum.

I have a question in relation to a part-time non-exempt employee we have in California. She works 20 hours per week but is paid on a salaried basis (she's paid for holidays, if she's sick etc.) Sometimes she works extra hours above the 20 hours (but never more than 40 hours in total) and sends us a note of those hours. We pay her overtime for those hours at her standard rate of pay.

We have a new employee in the CA office that says that not having our part-time worker as an "hourly employee" is a breach of CA labor laws. I cannot see that there is a problem having a non-exempt employee working on a salaried basis for some time, with an ability to bill for extra hours if worked. Am I wrong?

Many thanks

You are not wrong. "Salaried" is merely a pay method. As long as you pay her overtime in accordance with California laws, pay her at least the minimum wage, etc., as you must for all nonexempt employees, you are fine.

If this other person thinks so, have her show you the law that you're supposedly violating. Betcha she can't do it. :rolleyes: