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Exempt Employee and its acutual working hours California California

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  • Exempt Employee and its acutual working hours California California

    I work in the corporate restaurant business as a managarial position in Orange County.
    I am an exempt employee, get paid salary.
    No matter how many hours I work, my pay-check states that 80 hours for 2 weeks.

    As far as I know, all of our managerial personels in my restaurant never works less than 40 hours a week (unless you call-in sick), because of the working schedule that we have to follow every week.
    My avarage working hour per week is somewhere between 45 to 50 hours a week for my over 2 years of my employment.

    My question is, I am not looking for getting an overtime pay or any kind since I understand my status of "Exempt Employee"
    Because of the recent recession economy, my corporate company decided to cut the hours on hourly employee's schedule to save labor costs.
    I also understand saving labor costs.
    What I don't understand is that, one day, our regional manager came in to have manager's meeting and told all the managerial personels to cover the cut-labor hours by management, and managers must work more than 50 hours a week and company will be monitoring working hours by managers.

    This is where I have a problem.

    My question is, can anybody tell me to work more than certain hours a week as a "manadatory" when I am an exempt employee in California without any kind of special reimbursement or additional pay??

    Please somebody help!!
    Last edited by freedomworld; 09-02-2008, 11:06 PM.

  • #2
    The answer to your bottom line question is yes. The elephant in the room is, are the additional hours being spent doing nonexempt work and to what extent and is this a temporary or permanent situation that might jeopardize your exempt status.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      California labor law attorney

      Originally posted by freedomworld View Post
      I work in the corporate restaurant business as a managarial position in Orange County.
      I am an exempt employee, get paid salary.
      No matter how many hours I work, my pay-check states that 80 hours for 2 weeks.

      As far as I know, all of our managerial personels in my restaurant never works less than 40 hours a week (unless you call-in sick), because of the working schedule that we have to follow every week.
      My avarage working hour per week is somewhere between 45 to 50 hours a week for my over 2 years of my employment.

      My question is, I am not looking for getting an overtime pay or any kind since I understand my status of "Exempt Employee"
      Because of the recent recession economy, my corporate company decided to cut the hours on hourly employee's schedule to save labor costs.
      I also understand saving labor costs.
      What I don't understand is that, one day, our regional manager came in to have manager's meeting and told all the managerial personels to cover the cut-labor hours by management, and managers must work more than 50 hours a week and company will be monitoring working hours by managers.

      This is where I have a problem.

      My question is, can anybody tell me to work more than certain hours a week as a "manadatory" when I am an exempt employee in California without any kind of special reimbursement or additional pay??

      Please somebody help!!
      Here is your help..consider examining your exempt status. My firm has found many managers are non exempt and in effect entitled to overtime, interest and possibly penalties going back up to 4 years. Restaurants, even large chains are being sued in class action for massive misclassification of restaurants.
      Walter

      www.Collectovertime.com

      Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

      Comment


      • #4
        what is your salary based on?

        I remeber working retail for years and our managers were salary (exempt). They were being worked 60+ hours a week but their salary was based by a 45 hour work week.
        There was a law suit (office depot circa 2002/3 i think) and the assistant managers got a settlement because their salary was based on a work week that they were more than exceeding.
        So every assistant manager is now hourly. i remember depot did the settlement weird. they had a settlement for each employee in a certain amount, but they split it in half: half cash, half store credit.

        Bottom line is how many hours is your salary based on each week. if you're working 100 hours a week but your salary is based on 80, and you do this every month......thats a problem.

        i don't know the leagality of it, i'm just saying what happend with another company in california. good luck.

        Comment


        • #5
          Can my company...

          Thank you very much for many replies!!

          I was wondering if I don't work more than 50 hours a week, (like my company is telling us to do), can my company fire me because of that reason!?

          My regional manager is making it sound like if we don't do, it's very hard to get some other job somewhere else under the economy like this.

          Comment


          • #6
            You have to work the number of hours your employer requires/needs you to. If you don't, you can be disciplined up to & including be terminated.

            "If" you are misclassified as exempt & should be non-exempt, then overtime pay comes into play.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Originally posted by freedomworld View Post
              Thank you very much for many replies!!

              I was wondering if I don't work more than 50 hours a week, (like my company is telling us to do), can my company fire me because of that reason!?

              My regional manager is making it sound like if we don't do, it's very hard to get some other job somewhere else under the economy like this.
              Sounds like your managers sucks. There will always be jobs everywhere. They may be for less money, or further away from home....but there will always be jobs.

              Everything your management is telling you, GET IT IN WRITING. Preferably in company letterhead. Find out your companys' policy for termination. Most companies have a three strikes rule (three written incidents where they discussed the same issue with you). Usually call the HR department to find out. HR people love to talk to employees because they like to stop possible problems before they happen. (cough-lawsuit-cough)

              Comment


              • #8
                Originally posted by puzomatc View Post
                There was a law suit (office depot circa 2002/3 i think) and the assistant managers got a settlement because their salary was based on a work week that they were more than exceeding.
                ...
                Bottom line is how many hours is your salary based on each week. if you're working 100 hours a week but your salary is based on 80, and you do this every month......thats a problem.
                The reporting on the Office Depot lawsuit does not seem to agree with you. The reporting describes this as just another misclassification where the employers said that the employees where Exempt, but the courts said that based on the totality of the duties performed that the employees were really Non-Exempt and due overtime for all hours worked past 40 in the workweek.

                http://www.bizjournals.com/denver/st...21/daily7.html

                I would be interesting in reading about an actual case in which a correctly classified Exempt Salaried employee sucessfully used this argument, but I have never of such a case.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

                Comment


                • #9
                  CA statutes are more favorable in this area than the FLSA
                  Walter

                  www.Collectovertime.com

                  Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

                  Comment

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