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exempt employee with questions California

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  • exempt employee with questions California

    I have been working for a non profit company for many years now. I run one of their board and care homes (I live in the home as well). I am getting paid for 45 hours but told that I really only need to work 40. I know to qualify for exempt more than 50% of my work needs to be administrative so they have cut back on my direct care interaction with my clients, but the issue is that I live in the home and it is very hard to avoid not having to work a lot. Plus I am on-call 24/7 unless on vacation. I get no comp time and I am putting in way more than 45 hours a week. Is there anything that I can do?? The company is sure saving a lot of money because many of us seem to be working for free.

  • #2
    Salaried Employee

    Based on the information you have provided, I believe you are a salaried employee. Therefore, the employer is not obligated to pay anymore than your salary.

    If other folks at your agency are hourly employees, they should be paid for all hours worked and time-and-a-half for hours worked after 40 in a workweek.

    If you want more information about hourly and salaried employees, go to the U.S. Dept. of Labor website:

    Good luck.
    In Solidarity,



    • #3
      Again, please note that when unionwayne refers to "salaried", it's pretty obvious he means "exempt". "Salaried" is merely a pay method.

      I do agree, though, that with management as your primary responsibility, you are likely properly classified as an exempt employee. It's a tough business and I applaud you for your work, but I don't see any violation of law here.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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