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California Exempt/Non-exempt weird workweeks

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  • California Exempt/Non-exempt weird workweeks

    I am a salaried non-exempt employee in California. I am paid Bi-monthly with the pay periods running the 1st-15th then the 16th through the end of the month. My base salary remains the exact same whether I work 80, 88 or 96 hours in the pay period. I do get overtime for more than 8 hours in a day but when they calculate my overtime, they divide my constant salary by the number of hours in the pay period which fluctuates usually between 88 and 96.
    This seems like it would usually work out as a wash in the end, but my days off and sometimes my hours are constantly changed by my employer depending on when they need me. This means that i could be scheduled to work 13 days in a pay period.
    If it turns out that I work less than 8 hours in a day, my boss might then schedule me to work an extra day because he can. So I never work less than 40 hours in a week.

    I did the math and figured out that if they shuffled around my days off in the right order, I could end up working more than 260 8 hour days in a year.
    I don't get a whole lot of overtime. but if you worked out the extra time I would end up working in the year (if calculated hourly) would be more than all the overtime I made in one year!
    If this is the case, then what is the point of paying it?

    Am I crazy ? Or does this seem unfair? Also, is it legal to pay my OT based on bi monthly salary divided by number of hours worked in a PAY PERIOD?

    I always get my ot for more than 8 in a day and more than 40 in a week. but the math on this other stuff seems wrong.

    One more a salaried non-exempt employee, can I leave a little early if my work is done? or can they dock my pay for that?


  • #2
    Being paid twice a month is "semi-monthly". Being paid every other month is "bi-monthly".

    The calculation method for overtime is described in the DOL factsheet (plus the 29 CFR regulations). Under federal law (FLSA), each pay period stands alone for calculation purposes.

    Earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. This is calculated by dividing the total pay for employment (except for the statutory exclusions noted above) in any workweek by the total number of hours actually worked.
    There are three different possible legal methods for paying Non-Exempt employees on a Salaried basis. The so-called "normal" method (29 CFR 778.113) accounts for 99%+ of all such employees, and this method allows the employer to dock base salary for base hours not worked.

    There is nothing in employment law that allows employees to set their own hours. Employees cannot leave when they want unless their employer agrees.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      thanks for the info

      But when they determine the number to divide by, it isnt a work week, it is a work PERIOD which if they shuffle my days off can be far more than the "average". I don't work overtime every pay period, but it seems that they only allow it in pay periods where my off days are shuffled around so the pay period is extra long.....thereby lowering the amount I make by dividing by a higher number of hours.
      So that is legal?


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