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Salaried Employee not paid holiday pay or overtime? California

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  • Salaried Employee not paid holiday pay or overtime? California

    I was recently put on "salary" I make $16 an hour for a 40 hour work week. I was informed that I will not be paid holiday pay for time worked on holidays and that I will not receive any overtime for any hours worked aver the scheduled 40 hours. I am also on-call 2 weeks a month and often have to go to the office at odd hours to complete task other employees cannot perform. I am sometimes refered to as "assistant manager" however this is a small company and I am basically whatever they need me to be at the moment. Is the lack of overtime compensation and the requirement to work holidays at regular pay within the guidelines of a salaried employee? I've been trying to look it up but get confused as to if I am exempt or not. Any help or points in the right direction would be greatly appreciated.

  • DAW
    replied
    Very basically, all employees are non-exempt (unless they are not). Non-exempt is the default. Non-exempt employees must be paid (at least) minimum wage (averaged over the workweek) and overtime if/when applicable. Any employee can be non-exempt. Microsoft could make Bill Gates non-exempt.

    Not all employees can be Exempt. There are something like 100 or exceptions to minimum wage, overtime or both in the FLSA law. Basically the employee is non-exempt unless the employer claims otherwise and is prepared to legally support the claim. The employer has the legal burden of proof to show not only that the employee is Exempt, but exactly which exception the employer is claiming is applicable.

    Most Exempt exceptions are industry specific. A few are not. All exceptions look at the actual job duties. Not at the titles, or the payment basis. Some Exempt classifications require use a Salaried Basis, but the Salaried basis does not make one Exempt. When most people talk about Exempt, they are talking about the so-called White Collar exceptions, which is a small group of exceptions, not industry specific, which are commonly used by white collar employees. The Executive exception is commonly used by supervisors. Other exceptions are used by other Exempt employees.

    You are not really giving us enough information to tell if you are Exempt or not. The "some" supervision says maybe you qualify for the Executive exception and maybe you do not. There is more to it then that, but one of the requirements for that particular exception is that you supervisor two "full time equivalents" employees.

    I gave you a pointer to the White Collar exceptions. Take a look, particularly at Executive and Administrative and see if any of them apply to you.

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  • jessijim840
    replied
    yes, some supervision.

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  • DAW
    replied
    Any supervision?

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  • jessijim840
    replied
    well I was making $14 an hour they gave me the $2 raise and said "ok now you are salary." My time card states rate as $16hr. I work for a security company. I assist customers, dispatching, and office tasks including accounts receivable duties.

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  • Pattymd
    replied
    "Salaried" is normally expressed AS a salary, not as an hourly rate. Is is that $16 is your equivalent hourly rate, based on a 40 hour (or some other number) week? I'm guessing you use $16/hr because your weekly "salary" is $640 (the minimum amount required in CA for salaried exempt employees), yes?

    In addition, salaried and hourly are merely pay methods. What type of business do you work for (not its name) and exactly what are your job duties (not your job title)?
    Last edited by Pattymd; 03-19-2011, 03:45 AM.

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