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exempt employees compensated for non exempt work California

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  • exempt employees compensated for non exempt work California

    I work as a Department Coordinator for an Assisted Living Facility in California. My boss requires me to work as a non-exempt empolyee if one calls off and I can't not get the shift coverd even if it means that I would be working 16 + hrs in one day and or more than 6 days in a row.

    Also I am required to work as a non exempt employee if I have unworked non exempt hrs for that day so It will not show on the compaines labor report that we are neg. hrs for that day.

    Should I be compensated in some way for working as an non exempt employee?

  • #2
    California has rules unlike other states, so this is a bump.

    In most states (dunno about CA), exempt employees get paid salary for all hours worked. If most of your time is doing exempt work, I suspect that you may be out of luck in your search for extra compensation.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      I am in CA, but your industry is outside my area of expertise. One problem with what you describe is that the Exempt classification is a function of all work done. If sufficent Non-Exempt workload is added to an otherwise validly classfied Exempt employee, the employee can be turned into a Non-Exempt employee. There are no mixed classifications. An employee is Exempt or an employee is Non-Exempt. I am going to include some webpointers that may or may not be helpful.

      Federal Exempt rules, followed by CA Exempt rules.
      http://www.dol.gov/esa/regs/complian...irpay/main.htm
      http://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm

      California Wage Orders (industry specific regulations), followed by CA-DLSE manual.
      http://www.dir.ca.gov/iwc/WageOrderIndustries.htm
      http://www.dir.ca.gov/dlse/Manual-Instructions.htm
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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