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  • Ca Law

    In Ca What Are the hours allowed when your on Salary,how many hours can the employer work you befor thay have to pay you over time ?

  • #2
    Salaried is only a pay method. What matters if you are exempt or non-exempt.

    In both cases, with certain industry specific exceptions, you can be required to work whatever and as many hours the employer wants you to work unless you have a bona fide contract that says otherwise.

    If you are non-exempt, you have to be paid overtime under CA law after 8 hours in a day or 40 hours in a week. If you are exempt, there are no circumstances whatsoever in which you are legally entitled to overtime, no matter how many hours you work.
    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
      Overtime - Proving

      Here's the situation: A plumbing company pays a salary to each employee based on a 40 hour week. These people are non-exempt but are guaranteed a set salary. Occasionally they may work over 8 hours in a day- not usually however.
      Other days they work less than 8 hours - and less than a 40 hour week which is more likely than working over 40 in a week. How likely is the company going to lose a case with a disgruntled employee who is claiming not being paid overtime if it's a my word against his? All of the other employees (about 8 of them) will vouch that they make out more than the company does?

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      • #4
        Under the fluctuating workweek method and according to federal FLSA regulations, you still must pay overtime when the employee works over 40 hours in the workweek.
        http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.114.htm
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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