Legal Question in Employment Law in California
Voiding of Exempt Status
My husband was an Exempt employee. He worked an average of 8 hours per week in overtime. He was suspended without pay for 2 days in Feb. 03 for a minor infraction. He was dismissed in April 03. How long was Exempt status was voided? From that point forward? Back to the beginning of the year, or the entire term of his employment?
3 Answers from Attorneys
Re: Voiding of Exempt Status
An argument can be made that the deduction of pay for the two days confirms that he was not an exempt employee. Thus a claim for overtime pay for the maximum statutory period (probably 3 years) would be appropriate. If you wish to discuss this case in more detail, feel free to contact our office at 800-522-6728
Re: Voiding of Exempt Status
Your question is unclear about voiding of exempt status. Despite his two-day suspension, upon his return -- unless his duties and responsibilities were changed -- he would have remained an exempt employee. (You might want to be more specific about what his job duties were because, although they claimed he was exempt, perhaps he wasn't and may be entitled to overtime for the entire time he worked there.)
Re: Voiding of Exempt Status
Suspension and termination shouldn't 'void' his exempt status, but if he can show he was improperly classified as exempt, he might have an unpaid OT claim.
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