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Salaried Employee Laws California

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  • Salaried Employee Laws California

    I am a salaried employee in California. I believe my staus is exempt; I cannot receive overtime pay. Is there a law governing how many hours my employer can make me work in a given time period? For example, can I be forced to work 80 hour weeks with no compensatory time or overtime pay? My work is divided between labor intensive and intellectual; most long days, or weeks for that matter, encompass mostly physical labor.

    Thanks

  • #2
    For the most part, no, there is no maximum hours for most employees, just a one days rest in seven requirement. What is your occupation and industry? You may want to check the IWC wage order covering your employment. The only other thing is are you properly classified exempt? Which leads me back to the question....what is it that you do for a living? and Which exemption do they say you fit?
    "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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    • #3
      check with us dept of labor

      Hi. Check with the US Dept of Labor to be sure if your job is exempt or not. here is a list of titles from their website.

      Hope this helps.

      http://www.dol.gov/elaws/esa/flsa/screen75.asp
      Peggy Emch
      Communications Director

      Keep Accurate Employee Records With Timesheets.com

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      • #4
        While it is worthwhile checking the federal rules, the OP is in CA. That state does not recognize all of the federal OT exceptions, and in a few cases, has somewhat different rules for the exemptions that nominally follow federal rules. A CA specific answer would including looking at the Wage Orders, or CA-DLSE manual (or both). I actually like looking at the federal (FLSA) rules first, because CA sometimes just assume that you know those rules, but the federal rules by themselves are not adequate in CA.

        And mcarson87 had the correct main point. "Exempt" is not a yes/no question, it is multiple choice. One has to know exactly which Exempt classification is being claimed for the answer to mean anything.

        http://www.dir.ca.gov/iwc/WageOrderIndustries.htm

        http://www.dir.ca.gov/dlse/Manual-Instructions.htm

        http://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          One big difference between federal and California is that federal law only requires that the exempt employee's primary duty be exempt work, while California requires the exempt employee be primarily engaged (>50%) in exempt work.
          "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

          Comment

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