Legal Question in Employment Law in California

Salaried: Am I Exempt or Non-Exempt

My employer classified my position as salaried exempt.

I am paid 30,000 a year and required to work a full 40 hours filling out a timecard breaking out those hours by activity. I work under a manager and while it is not constant supervision my work is constantly reviewed. I work as a software support person answering phones, and while the software is complex and I did undergo some training, I am certainly not qualified to support all aspects of the software. My question is, given this information do I qualify as exempt?


Asked on 2/08/02, 8:41 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Salaried: Am I Exempt or Non-Exempt

Although more facts are need for an accurate assessment, my initial impression is that you appear to be a non-exempt employee. Based on the information provided, you do not fall into the exempt categories. Keep an accurate account of all your work hours and seek the advice of a labor attorney in your area to assist you with approaching the employer to make sure you are paid properly, without jeapordizing your job.

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Answered on 2/14/02, 1:24 pm


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