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Paid for 40hrs worked 45hrs-california California

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  • Paid for 40hrs worked 45hrs-california California

    I am a salaried manager in california. I am scheduled 45 hours every week. However when I get my check it states only 40 hours . is this legal?

  • #2
    Sounds like you are classified as exempt. If you are correctly classified as an exempt employee, then yes that is perfectly ok.

    http://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm

    Compare the executive exemption requirements to your job duties. If you have been misclassified, then file a claim with the DLSE.
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    • #3
      Payroll systems often require a set number of hours, with the equivalent hourly rate, even for salaried exempt employees, in order to "auto-pay" the employee. The standard is 2,080 hours per year, or 40 hours per week and is entered that way for accounting reasons (for example, to allocate your time off to a different general ledger account number). The hours on your pay stub, in this case, are irrelevant. Merely printing 40 hours on the stub does not invalidate your exemption.

      Besides, if you are properly classified as exempt, you were paid your salary. You weren't being paid for "40 hours", you were being paid for however many hours you worked to do your job.
      Last edited by Pattymd; 09-09-2006, 03:48 AM.
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