Legal Question in Employment Law in California

Salaried NonExempt

I punch a timeclock but I receive a

fixed monthly salary. The method of payment is semi monthly. I was tardy. Can I be docked for this time and would this change my classification to an hourly employee?


Asked on 5/07/09, 2:06 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Salaried NonExempt

If you get overtime for more than 8, then you get docked for less than 8. You aren't 'really' salaried if you are 'non-exempt'.

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Answered on 5/07/09, 5:26 pm
Cary Kletter Kletter Law Firm

Re: Salaried NonExempt

Either you are exempt or you are not. What is your title and what are you duties? Why are you paid a salary if there is a timeclock? Do they pay you overtime? Please email me and let me know. This smells fishy to me.

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Answered on 5/07/09, 6:41 pm


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