Legal Question in Employment Law in California
Exempt versus non-exempt.
What is the ruling with regards to hiring a person as exempt vs non-exempt. My new employer tells me she cannot hire me as an exempt employee because I will not be supervising anyone. I have always been salaried on previous jobs.
1 Answer from Attorneys
Re: Exempt versus non-exempt.
Employers cannot enter valid agreements to alter an employee's actual status. That status is determined by the employee's actual duties, not the particular title the parties agree to assign to the employee. In your case, assuming you do not qualify by your duties as exempt, i.e., you are not within the administrative, executive, or artistic exceptions to the overtime law, your employer is required to pay you overtime. Merely being "salaried" or being called a "manager" would not change your non-exempt status.
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