Legal Question in Employment Law in California

Salaried vs. Hourly / overtime

I was hired as a salaried employee, however if I do not work a 40 hour week I am docked the hourly equivalent of my salary. On the other hand, I am informed that I do not qualify for overtime, and I cannot be compensated in any way for weekends worked. Is this legal? Also, the company closes for a week and says this is "unpaid time off".


Asked on 1/18/00, 12:31 pm

1 Answer from Attorneys
Stuart Kaye Law Offices of Stuart M. Kaye

Re: Salaried vs. Hourly / overtime

You may be entitled to overtime. The determination is not based upon the method of payment. It is based upon the duties you are required to perform each workday.

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Answered on 1/21/00, 7:27 pm


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