Legal Question in Employment Law in California

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.

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.

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