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8 answers

If you are salary-exempt, yes. As an exempt employee it means you do not get paid overtime, no matter how many hours you work. You are paid for the work you do not the time it takes to do the work. My question for you would be is the job really an exempt position? Lots of employers classify someone as exempt when in fact they are not and should be paid for their overtime. You would need to find out if the job is really an exempt job and does it meet the requirements of an exempt job or not. (Call the labor board in your area to answer that question, they can ask you specific questions about your job duties to determine if your position is really an exempt one or not.)

2007-08-23 12:32:07 · answer #1 · answered by hr4me 7 · 0 0

I don't know how states vary. But being a salaried employee you work whatever hours you have to in order to do your job. That is WHY people are on salary rather than hourly. If you have a job description that requires 57 hours per week, wouldn't you rather have a salaried person than an employee paid by the hour that you have to pay time & a half for over 40 hours?

2007-08-22 18:41:55 · answer #2 · answered by Anonymous · 0 0

In the state of California your employer is to grant you at least one day of rest after 7 days of work. However, with very few exceptions under LC 551 & 552 the employer does not have to follow this. Your status as an exempt employee (salaried) does not determine if you are entitled to 1 day of rest after 7 consecutive work days. The type of work you do plays a pretty big role. Your work must meet the following criteria:

Certain employees are exempt from overtime laws, including those that spend at least 50% of their working time performing work that is primarily intellectual, managerial, or creative, and requires the exercise of discretion and independent judgment.

A perfect example of this is the IBM case that originated in your state where they were paying there help desk and field technician staff annually. Under FLSA this particular profession must be paid hourly and cannot be paid annually. They could have only been exempt if they were earning 100K or more a year. Since you do not mention what it is you do I cannot advise you if in fact your employer is in violation of any FLSA laws or if you are entitled to receive 1 day off after working 7 consecutive days. The best of luck to you.

2007-08-24 13:17:19 · answer #3 · answered by Anonymous · 0 0

Salary means you are "on the clock" 24/7. In CA it's actually legal to work even hourly employees seven days as long as they get a day off sometime in the following week. Salaried, they can work you every day of the year with no break if they want to....sorry.....

2007-08-23 05:07:26 · answer #4 · answered by Mel 6 · 0 0

Link to California Employment Law: Management

http://www.weblocator.com/attorney/ca/law/b22.html#cab221500

Copied from California Employment Law: Management

Wages and Hours
The federal minimum wage for adult workers age 18 and over is $4.25 per hour. Employers must pay at least the minimum wage, even to employees who earn tips, and employers may not force employees to share their tips with other workers or managers, although employees may do so voluntarily. Workers under 18 years of age must be paid a minimum wage of $3.75 per hour. Generally, employers also must pay hourly employees one-and-a-half times their regular rate for every hour over 40 hours worked in a week.

There are some exceptions to the minimum wage law. For example, certain salaried workers are exempt from minimum wage standards and overtime regulations. To be exempt, an employee must be in an executive, administrative, or professional position and receive at least $250 each week in salary or fee. The employee must supervise at least two other workers, manage an office or a business operation, be a skilled artistic performer or a teacher, or work in a profession requiring advanced knowledge, such as engineering.

Employment laws also regulate child labor. For example, in California employers may not employ children under age 16 without a work permit issued by a school superintendent in accordance with California labor laws. Even when it is permitted, minors may work only certain hours during the day. Under no circumstances may a child under the age of 16 work in a manufacturing job or in any other job that includes hazardous tasks, such as working on potentially dangerous machinery. Employing a minor in violation of these laws is a misdemeanor.



Good Luck.

2007-08-24 11:37:02 · answer #5 · answered by Comp-Elect 7 · 0 0

NO. it violates california employment laws if it exceeds a certain amount of hours. if you are around the 40 hour per week law, then it would be okay (even if it were 7 days).

2007-08-22 17:56:05 · answer #6 · answered by whome? 4 · 0 1

the company would have to tell you when you first interview for the job what the hours are. if you work more then 40 hours a week you are supposed to get overtime

2007-08-22 17:55:02 · answer #7 · answered by I<!771X/-\+26 5 · 0 2

no

2007-08-22 20:35:34 · answer #8 · answered by Anonymous · 0 1

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