Legal Question in Employment Law in California

Classified as salary compensated as hourly

I work for a corporation that defines jobs/salaries using grade levels (i.e. marketing manager grade 12, salary range 37,500 to 48,500). My job is classified as a salary grade 12 which is an exempt level. I just found out that my salary is actually below that of a grade 12. I am actually being paid a grade 11 salary which is a non-exempt level. However since I am technically classified as a grade 12 I am not entitled to overtime. I am a hispanic woman and I work with about 10 other people who have the same title as me. I do not know if anyone else is being paid below the specified salary level for this position. Is my company violating some kind of law?


Asked on 6/26/99, 2:30 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Classified as salary compensated as hourly

Exempt status is dertermined by your job duties, not your pay grade. Thus, even if you were paid as a Grade 12, if your duties are non-exempt job duties, you would be entitled to overtime.

As to the disparity in pay between yourself and other employees performind the same work, if the basis for the difference in pay is your race, gender, etc., you may have a claim under various state and federal statutes.

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Answered on 7/07/99, 8:29 pm


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