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Salaried and required to work OT

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O

Over Worked

Guest
Is it legal in California to require salaried employees to work overtime without additional compensation?

I am currently a salaried employee who works an average of 50 hours per week. In addition, I am required to be on-call (via cell-phone) every Saturday and on lunch breaks. I am not compensated anything beyond my salary except for personal use of the cell phone which equates to about $35 per month.

Is this a legal labor practice?
 


M

msattorney

Guest
Whether or how you are compensated for overtime depends on how your position is characterized. If you are an exempt employee, you are not covered by the 40 hours and overtime rules. But to be exempt you need to meet the requirements in the Labor code. Simply stated, if you are management, then you can be exempt. If you are not management, then you are non-exempt and are covered by the overtime rules. Some companies compensate their exempt employees by giving them comp time, but I don't think that is required under the law. I would check with the HR department and get a copy of your employee manual. Then, if you still have questions, contact your state's dept of labor and employment to find out more about the definitions of exempt and non-exempt employment.
 

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