Legal Question in Employment Law in California
Non-Exempt
based on the job description set forth by the company currently employing many- every one is salary, and then non-exempt. Are Non-Exempt salaried personnel entitled to OT pay on a daily and/or weekly basis? We have major troubles here with the constant change of policy even those already written and definitions of ''mamagement''. This company is a sinking ship at this rate! HELP!
1 Answer from Attorneys
Re: Non-Exempt
In California, the determination of exempt and nonexempt status is determined by the nature of the duties an employee actually performs. A job description can provide some guidance. However, the actual duties performed for more than half of an employee's work day is the determining factor.
If an employee is performing duties which do not fall with in the exempt status, then the employee is entitled to overtime compensation for hours worked over eight in a day or forty in a work week.
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