Legal Question in Employment Law in California

Re: Salary decrease if I challenge my exempt status?

Whether you are properly classified is an issue in whether they can reclassify and change the salary. The real issue is that there is a public policy against retaliation for making good faith inquiry about your salary. If they do reduce, retaliate, or threaten to, you should hire counsel to pursue the issues. If interested, contact me.

Re: Salary decrease if I challenge my exempt status?

Employees are presumed to be hourly employees unless they fall into a specific exemption from overtime rules. There is a software developer exemption, but the requirements, including the amount of pay that must be made are very strict and technical.

Before making an issue over this, you should see a labor law attorney in your area to go over the details of your job to assess whether you truly are exempt.

It is unlawful for an employer to retaliate against an employee who requests that he/she be paid in accordance with legal requirements.

Re: Salary decrease if I challenge my exempt status?

The question is whether or not you have been properly classified as an exempt employee, either under the Computer Professional exemption and/or the Administrative exemption. Such a determination is highly technical. Further, your employer bears the burden of proving that the exemption classification is correct.

You should consult an attorney experienced in your area experienced in overtime exemption issues.