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  • California exempt status California

    Can a salaried manager (exempt status) be required (scheduled) to work 6 days a week with no additional compensation? I am confused how the exempt status works. It seems that if you are exempt the employer could have you working 12 hours a day, 7 days a week because you are exempt from overtime.

  • #2
    An employee who meets the Federal or state definition of exempt (if different) is not paid on the basis of how many hours they work but on the value of their work to the organization. There are no circumstances whatsoever under Federal law or the law of any state under which an employee who is legitimately salaried exempt (not all exempt employees are salaried; not all salaried employees are exempt) is due a single penny over and above their regular salary, even if they were to work 168 hours a week.

    A non-exempt employee can also be required to work the hours that an employer requires of them, regardless of what those hours are, as long as they are paid overtime according to Federal or state law. In Maine and in California (and only in Maine and California) there are limits on how many hours of overtime the employee could be asked to work, but 12 hours a day 7 days a week would still be well within them. A very small handful of additional states require one day off a week. CA falls within that group but the way the law is written, as long as you receive 4 days off within a 28 day period, the employer is technically legal.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Originally posted by interwebchris View Post
      Can a salaried manager (exempt status) be required (scheduled) to work 6 days a week with no additional compensation?
      Yes, this is legal for a salaried exempt employee. Your employer is not required to pay you any additional compensation over your regular fixed weekly salary.
      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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      • #4
        Agreed with the other answers. Most employers can tell most emloyees to work whatever hours the employer wants. Exempt and non-exempt (mostly) has nothing to do with this. Exempt and non-exempt determine how an employee is paid, not what hours they can be required to work.

        The one very small CA specific exception is that that CA has what are called "7 day" laws, which are written in such as way to mean that employees can legally work no more then 24 of each 28 days. CA-DLSE in their wisdom enforces this law for non-exempt employees only, although the actual law does not make that distinction. In theory, one could hire a lawyer, go to court and try to get the court to enforce the law for Exempt employees without CA-DLSE's help. I have not heard of anyone actually doing that sucessfully.

        Also, the CA Wage Orders can in theory impose certain limiitations for certain employees in certain industries. I can say however that anyone is looking for some general rule that says employees do not have to work 6 day weeks is out of luck, in CA, in all the other 49 states, and at the federal level. Federal rules tend to limit hours worked for airline pilots, long haul truckers, certain railroad personnel, minor children employees and not much else. State rules (if any) tend to be very industry specific.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Max Hours Worked in CA for an Exempt Employee

          SO in a nutshell, there is no limit to the number of hours a exempt employee is require to work? If they want me to work 18 hrs a day then can demand that since I am exempt?

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          • #6
            That is correct.

            And, with very broad limits, even if you were non-exempt.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              In the future, please start a new thread with your question. Do not post your question to another poster's old thread. I do realize you were asking for verification of the previous info posted. It could have been done in a new thread.

              Closing thread from 6-2012.
              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.

              Comment

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