Concerning overtime for a salary exempt employee.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Concerning overtime for a salary exempt employee.
I am salary exempt plus commission compensation. I have a bi-weekly base salary plus monthly commission pay. I also punch a time clock that tracks my hours. Can my employer demand overtime of me without compensating my time?
Asked on August 21, 2017 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Salaried, exempt employees can be made to work any number of hours, including what would otherwise be considered "overtime," without any additional compensation, including without overtime.
You write that they track your hours: if they base your pay on your hours or debit pay if you work fewer hours, then you are actually an hourly, non-exempt employee: hours cannot be used to determine salaried staff weekly pay. On the other hand, if they track the pay just to evaluate your performance, or make sure you are not shorting them time (since while they can't reduce your pay based on fewer hours one week, they can terminate or otherwise discipline employees, even salaried exempt employees, who work too few hours or who lie about the hours they work), or for billing purposes (e.g. what client or project to assign your time to), that is legal and does not effect anything.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.