Legal Question in Employment Law in California

I have always been exempt in my position. When I was hired I signed a letter stating I was salary and exempt. Recently I was asked to clock in for timekeeping purposes. Later I was short 4 days of pay (Iworked all that week) then after my paychecks began being based off of my punches in the time clock. Can they do that? I thought I had to be paid or each day i worked as an exempt employee. Can they change the way they pay me from exempt to non exempt without me knowing?


Asked on 6/22/12, 3:19 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

It is possible you were misclassified as exempt and when the employer realized your status depends on your job duties, not on what hey choose to call you, they reverted you to non-exempt and are paying you hourly. But you will need to have an employment law attorney review the facts of your case for a legal opinion on your correct status and whether the employer owes you any money.

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Answered on 6/22/12, 3:35 pm


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