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salary non exempt?????

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  • salary non exempt?????

    I recently got a job here in Southern California which has catagorized me as salary with non exempt status. I have never heard of this before and my employer stated that this status allows me to be classified as a salary employee but if i work overtime then i will get paid overtime calculated to my salary wages as hourly wages yet I only will be getting paid time and a half and not double if I work over 12 hours. Is there such a status as salary non exempt or is it a lie?

  • #2
    Although the Department of Labor does not officially recognize the status of "salaried non-exempt", their only concern is that employees who are due overtime receive it. Nothing in the law prohibits an employer from paying a non-exempt employee on a salaried basis as long as they also receive overtime when it is due, and the unofficial "salaried non-exempt" is actually quite common.

    The requirement of double time over 12 hours is state, not Federal, and since CA law is quite convoluted I will let Patty or Michael address that point.
    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
      Gosh, thanks, cbg.

      Here's a good place to start for understanding the overtime laws in California.
      http://www.dir.ca.gov/dlse/FAQ_Overtime.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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