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Salaried (Exempt/Non-Exempt) Rest Periods? California

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  • Salaried (Exempt/Non-Exempt) Rest Periods? California

    I have heard several different explanations for rest periods outside of lunches for Salaried employees. Although they did not specify other than saying if your a Salaried employee we do not have to give you a break we choose to; I'm not sure if that is correct? I looked around and did not find anything that specifically addressed this issue. Are Salaried employess allowed/required to receive a 10 min. rest period in an 8 hr day?

    By the way our company is primarily an Executive, Technology, Engineering mix.

    Thank you.

  • #2
    I am having a similar problem. I can not get employees to go home after working 10, 12...24 hrs without rest. All are qualified exempt employees ...so my boss is like "They chose to work those hours, let them". Whaaaat!!!!!!!!!? I am all for working "overtime" as an exempt employee, but 18 to 24 hrs! Granted it's not very often, however my employees are exhausted! Help me find a law or statute to help me fight my boss and send these poor guys home at a decent hour!

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    • #3
      Addressing the OPs questions only, "salaried" is just a payment method that means next to nothing by itself. There tend to be one set of rules for Exempt employees (no matter what the payment method is) and a different set of rules for Non-Exempt employee (no matter what the payment method is). In the OP's issue, the answer can be found in industry specific regulations called Wage Orders. I will include a pointer to CA's wage orders. The OP needs to find the specific wage order related to his/her industry and read it. The key is somewhere towards the top of most wage orders is a section defining Exempt employees. Somewhere in the small print of that sections tends to be something saying (in effect) "by the way, ignore the rest of the wage order if you are Exempt). This tends to mean that things like the lunch and breaks rules are ignored by CA-DLSE for Exempt employes. Interesting, the actual CA labor code generally does not make this distinction, but since enforcement and penalties is a function of the language in the wage order, it is sort of a "game over" for Exempt employees.

      Also, do not assume that all wage orders says exactly the same thing. They do not.
      http://www.dir.ca.gov/iwc/WageOrderIndustries.htm
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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