Legal Question in Employment Law in California

Exempt status

Can an employee be classified as exempt Monday through Friday and also work weekends and be classified as non-exempt and paid hourly? Would Overtime become an issue?


Asked on 12/04/02, 7:28 pm

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Exempt status

The test used in California is whether you spend more than half your time, during the one week pay period, performing duties consistent with the exempt status. Many employees are labeled exempt but spend more than half their time performing the tasks of non-exempt employees. If this is the case, the employee is missclassified and subject to overtime laws.

You should breakdown your daily job responsibilities and determine whether you are really doing exempt work more than half the time during the week.

Read more
Answered on 12/10/02, 12:26 pm
Terry A. Nelson Nelson & Lawless

Re: Exempt status

If the two jobs are different, then maybe the pay differnce is ok, but OT is probably called for on the weekend time after 40 during the week. The final answer is to try to file a Claim with the Labor Commissioner and see their analysis. If you need help with the claim, or with later retaliation, contact me.

Read more
Answered on 12/10/02, 2:06 pm
JEB Pickett Wynne Law Firm

Re: Exempt status

This would depend upon the type of work being performed, the exemption claimed, possible the salary paid and possibly written employement agreements, if any. Please contact me with more details so that I can assist in your determination of this question.

(800) 447-5549

Read more
Answered on 12/09/02, 3:29 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California