Legal Question in Employment Law in California
Equal pay (exempt/non-exempt)
Two employees have the same position, same title, same responsibilities, same workload. One is paid as exempt, one as non-exempt. Shouldn't they be paid the same way(neither has employees reporting directly to them)?
Also, would the exempt employee qualify for backpay?
2 Answers from Attorneys
Re: Equal pay (exempt/non-exempt)
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Re: Equal pay (exempt/non-exempt)
You must first determine whether the exempt employee is properly classified as exempt. If so, there is no problem. Someone who could be exempt may be paid hourly instead. For any attorney to determine whether or not you are properly classified as exempt, we need to know your position, title, activities performed and hours spent performing each activity.
If the employee should not properly be classified as exempt, he/she may be entitled to overtime wages and penalties.
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