Split shift, overtime and exempt educators

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Split shift, overtime and exempt educators

If an exempt status instructor in an accredited institution is assigned a class from 9 am to 12 pm and on the same day a class from 5 pm to 9 pm, are they supposed to receive any compensation for the hours in-between? Are they due any overtime?

Asked on November 9, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the instructor is exempt from overtime, he must be paid on a salary, not hourly, basis (as well as meeting the other requirements to be exempt from overtime). If he is paid a salary, his daily salary is his ONLY compensation for all work and all hours during the day; he would not be entitled to anything more.


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