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Am I exempt or non exempt (California)? California

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  • Am I exempt or non exempt (California)? California

    Hello!

    I'm a manager at a fast food chain. I work 50-60 hours a week with maybe 2 days off a month, and have been for about a year and a half now. My employer has told me he can do that because I'm an exempt employee, and I'm just curious if that's true?

    I've done some research into the law and found some things that would indicate I may not be exempt?
    *I do not manage over 2 full time employees (most kids are part time)
    *I do not use 50% of my time doing managerial duties (I'm basically a glorified hourly worker)

    Any insight into this would be huge, as I've been told my many I'm entitled to the house I've worked over 40 each week.

    Thank you so much!

  • #2
    Add up the FTEs of everyone you manage. If it is less then 2.0, give CA-DLSE a call and see if they think you have a case.

    On your other point, you are basically saying that every single fast food place in CA and maybe the US is out of compliance and not a single attorney has noticed. That dog will not hunt. I am in agreement that all assistant store managers in all industries are treated legally badly but that was grandfathered in when FLSA was passed in the 1930s. It is legal because the government and courts say it is legal. The Obama Administration has proposed regs which could in theory change this. Eventually. If implemented.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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