Legal Question in Employment Law in California

Reclassification from Nonexempt to Exempt

My company just reclassified me from non-exempt to exempt, keeping me at the same hourly wage. They also said though that I will still be expected to work the same hours (I averaged 20 overtime hours a week). Plus, I am expected to pick up the job of the person who was laid off. Is this legal? Also, they are only paying for 1/2 my insurance now instead of full. I know that a company can reduce my 'benefits'. I was told that if I am not okay with the change, I would have to quit and would most likely not qualify for UMPD benefits. Even though they are not the UMPD office, I am wondering if they can in fact reclassify me but make whatever hours they want for me. Especially because I will be doing the job of 2 people now.


Asked on 8/10/08, 1:52 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Reclassification from Nonexempt to Exempt

PROPER classification as salaried means you could be required to work as many hours as they want you to, even if it meant less total pay since losing OT. Quitting under those conditions would provide you grounds for unemployment, or at least an appeal if denied benefits. Contact me if you need legal help, if the case is in SoCal.

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Answered on 8/13/08, 1:34 pm


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