Legal Question in Employment Law in California
Exempt vs Non-Exampt Employees
My daughter was hired at a dental office as salaried and has a signed contract which states the amount per period.
However, they have her clock in and out and all pay checks are different, so it appears they are paying her hourly.
The office has already had other legal filings regarding this same practice. Can you verifiy if as a salaried employee she is required to clock in/out (I thought only in). And if she is out for an extra hour or so, doesn't she still get paid the full 8 hours?
We believe they are going to terminate her today (guessing that they are overpaying her), so we expect them to only pay for a partial day. Is this wrong or right?
Thank you,
1 Answer from Attorneys
Re: Exempt vs Non-Exampt Employees
Unless your daughter was hired as a dentist, I doubt she is truly an exempt employee to begin with. An employee's legal status is not determined by what the employer calls them, but by the actual duties they perform. She would have to be a professional, an executive or an administrator to truly be exempt. This means, she should be paid by the hour, including overtime, if she works more than 8 hours a day or 40 hours a week.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
