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7 days & 112hrs/wk Salaried? - California

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  • 7 days & 112hrs/wk Salaried? - California

    My girlfriend works for a major accounting firm and is being required to work 7 days a week, 16 hours a day, from 8am to 12am (sometimes longer) for the next few months during their rush season. That comes out to 112 hours a week with no days off. I'm new to California labor law (originally from the midwest), but this seems unduly harsh. When she started, she was also told that she had a mandatory minimum acceptable amount of overtime that she had to work every year, I think 250 hours. No extra compensation of course since she's salary, but they said they were a requirement. At the rate she's going for the next few months she'll hit that target without issue, but can a salaried employee be worked so hard in California legally? Not sure if she's exempt or non-exempt. Thanks!
    Last edited by Darkhand; 04-09-2010, 07:32 AM.

  • #2
    Check here for the requirements for exempt status. As you appear to already know, "salaried" is merely a pay method and does not necesssarily equate to "exempt".
    http://www.dir.ca.gov/IWC/IWCArticle4.pdf

    Regarding days worked in a row, although California does have what is referred to as a "one day's rest in seven" law, it has been interpreted by the DLSE to mean, in practice, the equivalent of one day off per seven days worked in a month. Meaning, at least four days off in one month. To my knowledge, this applies to exempt employees as well as nonexempt; I don't know of an exception for exempt.

    Having said that, and I don't mean to belittle how awful this must be, she might consider sucking it up and working the hours NOW, then addressing the situation after work slows down.

    Without a contract limiting "extra" hours to XX number, the employer can pretty much require what they need. Minimum is one thing; maximum is another. Having said that, maybe they "need" another employee.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd View Post
      Regarding days worked in a row, although California does have what is referred to as a "one day's rest in seven" law, it has been interpreted by the DLSE to mean, in practice, the equivalent of one day off per seven days worked in a month. Meaning, at least four days off in one month. To my knowledge, this applies to exempt employees as well as nonexempt; I don't know of an exception for exempt.
      Compliments of another responder, DAW, from another thread/post:
      "Not excluded from the law (CLC 551-558), that is correct. HOWEVER, CA did write the Wage Orders (industry specific regulations) in such a way as to exclude Exempt employees. This rule is provision 3(H) in the Wage Orders, and sections 3-12 are excluded in their entirety for most Exempt employees."
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Thanks, Betty3, I bow to DAW's knowledge on this issue.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Originally posted by Pattymd View Post
          Having said that, and I don't mean to belittle how awful this must be, she might consider sucking it up and working the hours NOW, then addressing the situation after work slows down.
          Yep, that's exactly how she's handling it. She hasn't really complained at all, I'm the one who's upset because they're taking all our time together away.

          Thanks for the help guys!

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          • #6
            Originally posted by Pattymd View Post
            Thanks, Betty3, I bow to DAW's knowledge on this issue.
            You & me both.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

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