Legal Question in Employment Law in California

The trade-off for being a salaried, exempt employee is that there is no clock. If you are truly a manager, as defined by California law, you are expected to be available to perform your duties, as needed by the employer. Non-exempt, hourly employees must be paid according to the time worked, subject to overtime rates.

Many retailers have been hit with class action lawsuits for misclassifying employees as exempt, in order to take advantage of this situation and require employees to work overtime for one fixed rate. If you think you may have been misclassified, you should consult with an employment law attorney to evaluate your case. But if you are truly an exempt manager, your employer may require your availability at any time it deems necessary without having to pay you extra.

If you are salary exempt, you do the work for which you get the 'big bucks' salary. If you are hourly, you are entitled to treat that as work time for which you should be paid. Either resolve it with your employer, or you could file a claim with the Labor Commissioner. If you need legal help, contact me.