Legal Question in Employment Law in California

exempt employee working at non-exempt job

I am an exempt professional employee at the hospital that I work at, being a pharmacy manager. I recently worked several weekend midnight shifts (Friday-Saturday-& Sunday, 10pm - 8am) in addition to my Mon-Fri hours because we did not have a midnight staff pharmacist to work (staffing shortage). My job as manager does not entail the duties that were the mainstay of the staff midnight shift, and the pharmacists that would staff the midnight shifts are not exempt. The hospital refuses to pay me the straight time ''hourly'' rate that I have, let alone any overtime. I was willing to accept straight hourly pay with the differential, but human resources refused saying that it was against the labor code to pay me and offered me a ''bonus'' that was well below half of what I would make at straight time weekday staff shift. Can you help me find any Califonia Labor Code that I may enlighten them? Thank you.


Asked on 4/30/02, 1:48 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: exempt employee working at non-exempt job

The fact that some of your work time involves non-exempt work does not necessarily entitle you to overtime pay. The test in California is whether more than 50 percent of your work week is spent performing non-exempt duties. If not, you are still exempt.

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Answered on 5/04/02, 10:42 pm


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