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Exempt Salaried Employee=Indentured Servant? California California

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  • Exempt Salaried Employee=Indentured Servant? California California

    I am not even sure if I am exempt or not. I work six days a week and I am expected to work 80 hours in a two week pay period. It's more like 90+ and I am not compensated for it. I clock in but am told it's just for company records and am approached if I do not make 80 hrs in two weeks even if we are closed on one of my days of work.
    -Just how many hours can my boss work me with out a break?
    -How many days in a row can I be told to work?
    -If I work a split shift, how many hours can be between shifts? Sometimes I'll be scheduled 8am-8pm but I'll be stuck with a 4 hour unpaid lunch. That takes up my whole day.
    -If I am an exempt worker is my boss required to provide sick days, paid holidays, vacation time or any benefits at all?
    -Is my boss required to declare me as exempt or non-exempt?
    -How do I find out what my status is?
    Asking my boss is not getting me far and since I work at a franchise we have no in-house HR dept.

  • #2
    The majority of your questions are moot if, if fact, you are properly classified as exempt.
    Except I can say unequivocally that vacation, holidays and sick time (unless you work in San Francisco and that only applies to sick time) are not required no matter whether you are exempt or nonexempt.

    Did you not get an offer letter or something in writing when the job was offered?

    What exactly are your duties?

    BTW, you are nowhere NEAR an "indentured servant". California is an "at-will" employment state. Unless you have a bona fide employment contract, you can quit any old time you want to with no legal repercussions. And I have to say that I have been an exempt employee for many years, and 90 hours in a 2-week period was often the LEAST I would need to work.
    Last edited by Pattymd; 06-23-2008, 09:47 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3

      so my boss can work me 365 days in a row for a year and deduct pay if I miss. I don't think you can be right about this.


      • #4
        If you are indeed legally Salaried Exempt, something we do not know because you are choosing to not answer Patty's questions, then you are never owed additional time extra work for any reason. This is part of a federal law called FLSA. I will give you a pointer to the rules on the white collar exceptions.

        Again assuming that you are indeed Salaried Exempt, then you are subject to the 29 CFR 541.602 rules on deductions to exempt salaries.

        CA has some weak "seven day" rules regarding maximum number of days worked in the month. These are CLC 551-554 and these laws basically say that the employer cannot legally fire the employee for refusing to work more then 24 days in a 28 day pay period.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)