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#1
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I am currently an Exempt worker in California. I am being sent to perform hourly work at a store during a remodel for 2 months. During that time I will not supervise or be performing any exempt duties. Is it lawful for them to use me to save overtime pay that they would have to pay hourlys.
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#2
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What type of work are you required to perform? If your work is more than 50% manual and you are not making any sales, etc., then you are probably non-exempt and, therefore, you are eligible for overtime.
You can read about it at: http://www.dol.gov/elaws/esa/flsa/screen75.asp California is the same except it requires a higher level of pay. |
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#3
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My typical job duties are that of an Operations Manager with a minimal amount of hourly work being performed. But for 6 weeks, 2 months ago and now for 2 more months I am being required to perform hourly duties 100% of the time.
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#4
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Then you would be considered as non-exempt. There are a few exceptions for those of commission. However, the person must still earn a rate equal to minimum wage and overtime.
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