Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

Salaried non-exempt VS hourly California California California

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • Salaried non-exempt VS hourly California California California

    1.What is the benefit for being a salaried non-exempt employee VS an hourly employee? If I am correct, you must only pay a salaried non-exempt employee for the hours worked, same as an hourly worker. I am under the impression that I need not pay an employee that is salaried non-exempt for time missed for being tardy, time requested off to go to doctor appts, school functions, etc...

    2.We have no policy for sick days, but have in the past paid employees for sick days. Now that is being abused and some have up to 10 days this year so far. How can we get this back in line and make it "up to 3 paid sick days for the year"?

  • #2
    That's correct.

    "Salaried nonexempt" has no legal meaning, unless the employee is paid using the fluctuating workweek method (which, however, I believe is prohibited in California).
    Last edited by Pattymd; 10-03-2007, 10:40 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      This might be a disagreement in terms, but there are legally three methods on paying a Non-Exempt employee on a Salaried basis. The first method is certainly legal in California. The other two methods are either not legal, or legal under certain restrictions depending on whom you talk to.
      - The normal Non-Exempt Salaried method is 29 CFR 778.113
      - Fluctuating Workweek is 29 CFR 778.114
      - Belo Plans is a weird FW variation whose regulation references I do not have memorized.

      The following is an article on the handling of paying Non-Exempt employees on a Salaried basis.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)


      The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.