CA exempt - vacation vs. weekend?

[kmcguire]

As an exempt employee in California, I'm confused about weekends vs. vacation.

I often have to work weekends (and sometimes as many as 30+ days consecutively), but when I take off a couple of days in order to have a "weekend," my employer wants me to report these as "vacation days."

Here are my questions:

1) Is "comp time" for weekends permissible in CA for exempt employees?

2) If not "comp time", can I add to a contract (if I had a contract) verbiage about the number of days I'm eligible to take for weekends, for instance, "up to 104 days for weekends?"

3) Can exempt employees in CA have contracts? My employer says "no."

Thanks for your help.

[lvhoa]

I'm an exempt employee in Califonria...and I have a contract...and I know for a fact that it's legal. My contract includes a clause that covers my negotiated comp time (I too work weekends like you). However my comp time is capped at 240 hours so if I don't manage to use it, I lose it. Good luck.

[elklaw]

Exempt employyees can have contracts, most do. If you have a job where you work shifts, you should receive comp time for periods off and not have to take vacation. I think your employers are being cheap. I do not know your situation or the type of work, but seek a contract clause stating you get so much comp time off per shifts worked. If that is not granted, contact the California Department of Labor to make a complaint to the wage and hour division. You may also have a FLSA complaint.
FYI
http://www.dol.gov/dol/compliance/comp-flsa.htm
http://www.dir.ca.gov/