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I work out of kansas, but will travel to California for training:(exemption Question)

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  • I work out of kansas, but will travel to California for training:(exemption Question)

    Hi, I had recently read two article while surfing the web, these two are similar enough for my question:
    http://www.fentonkeller.com/resource...california.htm ( Oracle must pay employees back overtime for work performed in California )
    http://www.wsgr.com/wsgr/Display.asp...equirement.htm ( California has stronger tests for Computer professional exemption )


    I am a salaried employee, employed by a large company with locations in many states, based out of Minnesota.
    I live and work in Kansas.
    I am classified as a salaried Exempt Computer Professional, under Federal law, and Kansas has nothing taking precedent.
    I do not make a salary high enough to qualify for Overtime exemption under California law.

    I wanted to hear some other peoples feedback on this situation, If I were required to travel to California for training at one of our locations there.

    Would you think that by simply employing me to work, in California, where my company maintains a presence, it would be sufficient to re-classify my position as non-exempt, even when I return to Kansas.
    Would you believe that if they required the training to include more than 40 hours, that they would merely have to pay me that overtime for work performed in California.

    Any other thoughts anyone may have on this situation would be appreciated.
    Last edited by Coplate; 01-30-2012, 07:06 PM.

  • #2
    It is an interesting argument but one I would like very much to bet against. The feds do not care what state you are in. Federal law is the same everywhere. KS does not care about CA law or CA court cases. What very little argument you have is that CA will care enough about a one week training in CA to declare you as a CA employee for that one week and non-exempt because your salary apparently does not meet the CA minimum salary standard for Salaried Exempt employees. Give CA-DLSE and see if they are interested.

    The problem is that CA law ends at the CA border. No matter what CA does or does not do, KS will correctly decide that decision CA makes has NOTHING to do with them. Any KS court or federal court will agree with them. So legally if you are correctly classified as Exempt Salaired prior to entering CA, you will still be Exempt Salaried when you leave CA. And for a stay as short as one week, I am guessing that CA will say you remained Exempt Salary during your one week stay in CA. There is no question if you stay long enough CA law kicks in, just not that fast. Unless of course CA-DLSE says otherwise. But CA-DLSE has the exact same authority I do in KS. None.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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