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Very Important Question! Daily Salary in California?? California

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  • Very Important Question! Daily Salary in California?? California

    I just began working for this company a month ago....As far as I knew I was being paid hourly, little did I find out I was being paid on a Salary rate....However, I didn't work this Holiday that just passed. I figured since I am on Salary, I would be paid for it anyway, to complete my fixed 40-hour schedule. But when this paycheck came around, I was only paid for 32 hours instead of 40...and then was told I was on a DAILY salary...not a weekly or monthly, is there such a thing? I've been researching and researching and coming up empty. It was shady enough that they had me sign nothing verifying my pay...but daily salary? it doesn't make sense to me. Help!

  • #2
    Maybe. The problem is that salary is just a payment method, one of the many, and it means next to nothing by itself. What you refer to as a "daily salary" may be what DOL refers to as a "fee basis". Or not. But it would be perfectly legal for me to create a brand new payment basis called "daily overtime" as long as we were talking about non-exempt employees only, and my newly invented payment method did not interfer with minimum wage and overtime laws.

    What is important is the Exempt status, and this is determined by job duties and industry. If you want our help, this is information that we will need.

    And yes, there is a wildely held belief that all salaried employees are exempt. The problem is that there is no legal basis for this belief. What is correct is that:
    - ANY employee can be non-exempt.
    - There are something like a 100 or so Exempt classifications in the federal FLSA law. Only 4 of these require the salary basis. And even those 4 classifications have exceptions.
    - Saying someone is Exempt is meaningless without knowing what the specific Exempt classification is. And what are the specific rules associated with the classification are.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)