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  • California salary rules?

    First time poster with a question about salary law in California. I'm employed by a manufacturing company in a supervisory/managerial position. For years the general management requested that all salary employees requesting more than one hour off in any single day to apply this time toward vacation time or otherwise would not get payed for said time. This year our company will close for two days fallowing holidays and again all employees, salary or not, were asked to apply this lost time toward their earned vacation or they could make up this time by coming in 1 1/2 hour earlier for two weeks prior to the holidays. Honestly this is a smaller company and the person making these rules might not be aware what the law requires or he could be very shrewd since bringing the hourly employees for less than two hours each day would not require him to pay any brake period. Could someone explain the rules to me and how they would apply in this situation. I was under the impression that salary employees are not required to work 40 hours a week, certainly they don't receive any overtime compensation whenever work requires it. Thanks for any info.

  • #2
    "Salaried", and "hourly" are just payment methods, that mean next to nothing by themselves. The key is the Exempt status. Exempt Salaried employees have no legal right to paid overtime, but also have certain docking restrictions on their salary. Non-Exempt Salaried employees have a legal right to paid overtime but have no docking restrictions.

    With very few exceptions such as airline pilots and minor children employees, pretty much any employer can make pretty much any employee work pretty much any hours that the employer wants. The federal (FLSA) rules on exempt, non-exempt, salaried, hourly, and such determine how to pay employees. There is nothing in CA or federal law that says employees get to pick and choose what hours the employees get to work. There is no rule anywhere that says that salary employees are not required to work 40 hours a week.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      they could make up this time by coming in 1 1/2 hour earlier for two weeks prior to the holidays

      For non-exempt employees, the extra time each day may be considered overtime (if it means you work in excess of 8 hours that day) and will need to be paid as overtime, even though it is considered "making up the time"

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      • #4
        Thank you for such a quick response. Can you please clarify one more thing for me and that is what is the difference between Non-Exempt vs Exempt salary employee.

        For non-exempt employees, the extra time each day may be considered overtime (if it means you work in excess of 8 hours that day) and will need to be paid as overtime, even though it is considered "making up the time"
        I thought this might be the case, I'll make sure payroll will act accordingly.
        Thank you again for all the help.

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        • #5
          typically, a non exempt salaried employee is guaranteed 8 hours pay a day but is still required to report he hours worked each day and is still eligible for overtime pay.

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          • #6
            Non-Exempt employees are required to keep track of hours worked, must be paid (at least) minimum wage, and must be paid overtime (if applicable). Salaried is just a payment method. A Non-Exempt Salaried employee is Non-Exempt first and most. Any employee can be Non-Exempt. Microsoft could treat Bill Gates as Non-Exempt if they wanted to. Any non-exempt employee can be paid on a salaried (or a hourly) basis. A payment method is just a choice (as long as we are talking about NE employees).

            Exempt is complicated. First and foremost, not all employees can be Exempt. For any employee to be treated as Exempt, the employer must figure out which of the 100 or so Exempt (from minimum wage or overtime) classifications defined in the FLSA law they want to try to support. These classifications are based on actual job duties and sometimes on the industry. Some classifications have very specific rules that must be followed. For example:
            - an employee who is subject to the Executive exception is exempt from paid overtime, but must be paid on a salaried basis, and must be paid a salary of at lest $455/week federal ($640/week CA), and is subject to the 29 CFR 541.602 docking restrictions.
            - an employee who is subject to the Sheepherder exception is exempt from the overtime premium only, but still must be paid (at least) minimum wage for all hours worked.
            - an employee who is subject to the Outside Sales exception is exempt from minimum wage and paid overtime, has no salary basis (or any other payment basis requirement). There is an assumption that this type of employee is paid via commission, but this is not actually a legal requirement. Using a "sunspot activity" payment basis would be legal.
            - a mechanic who is subject to the Auto Dealer exception is exempt from the overtime premium only, but still must be paid (at least) minimum wage for all hours worked. The exact same employee doing the exact same work for a garage however would be fully subject to the normal minimum wage and paid overtime rules.

            That is 4 of the 100 or so Exempt exceptions. In all cases with Exempt employees, the starting point is to look up the rules specific to the Exempt classification.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              Make-up time can only apply within the same workweek to prevent O/T requirement, so make up time spreading over the next 2 weeks will require O/T payment if working above 8 hours/day.

              See section 513

              http://www.leginfo.ca.gov/cgi-bin/di...0&file=500-558
              Droopy128
              Senior Member
              Last edited by Droopy128; 11-19-2008, 09:31 AM.

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              • #8
                I strongly suggest you talk to a labor attorney to determine if you are non exempt and entitled to back overtime pay which may be up to 4 years and could be a "life changing" amount of money. If you have been misclassified, in my view, you have already earned the money- your employer is just keeping it all these years. Therefore, you will be entitled to interest and possibly penalties as well.
                Walter

                www.Californialaborlaw.info
                "California Wage and Hour Class Action Attorneys"

                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


                • #9
                  Difference Between States

                  Do the laws in CA enhance but not subtract anything major from the federal laws or can they somewhat override?

                  I've looked at the postings below and feel this should be a negotiation part of getting the job.

                  What happens if you are not required to submit a timesheet? Am I now not authorized overtime for working weekends when this is not my normal work time?

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                  • #10
                    DSUSA, please start your own thread. I need some additional information.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment

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