What's the maximun days or hours a salary employee should work a week?

Business 6 views 3 answers
in california

Attorney Answers

3
Marilynnmika Spencer ·
Being paid a salary has nothing to do with how many hours an employee works. Salary payment,, as opposed to hourly payment, is just for the convenience of the employer. The issue is whether you are exempt from (not entitled to) overtime or not. An employee can only be exempt from overtime based on the what the law says, not based on what your employer decides. The law assumes all employees are entitled to overtime, so the employer has to prove that someone is not. An incomplete summary of the three main categories of employees who are exempt are: EXECUTIVE/MANAGERIAL: The employee: has duties involving management of the full enterprise or a recognized division; customarily directs two or more employees; can hire or fire, or whose recommendations are given weight; regularly exercises independent judgment; earns a salary of $2,773.33 per month or more; and does all of this at least 51 per cent of the time. ADMINISTRATIVE: The employee: performs office or non-manual work that is directly related to management policies or business operations OR performs administrative functions in a school in work directly related to instruction; regularly exercises independent judgment; regularly and directly assists an owner or bona fide executive or administrator; performs specialized or technical work under only general supervision; executes special assignments; earns a salary of $2,773.33 per month or more; and does all of this at least 51 per cent of the time. PROFESSIONAL: The employee: is licensed to practice law, medicine, dentistry, optometry, architecture, engineering, teaching or accounting; works in (a) a learned or artistic professions that requires advanced knowledge in a field or science acquired by specialized instruction, or (b) works in a recognized artistic field, or (c) works in an intellectual capacity;and does all of this at least 51 per cent of the time. There are some additional exemptions that pertain to specific jobs, such as computer software professionals. If the employee is truly exempt, then there is no minimum or maximum amount of time set by law. An employer can require an employee to work as much as necessary to get the job done. At the same time, the employer may not deduct pay from the employee for partial-day absences.
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Frank Chen ·
There is no correct answer because California law leaves the definition of full time and part time to each individual employer. The crucial question, however, is whether the employee is truly a non-exempt employee (and thus not entitled to overtime compensation), or exempt employee. Often times, an employee is misclassified, and as such, might have a claim for overtime pay.
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Neil Pedersen ·
There is no legal limit on the number of hours an exempt employee can be asked to work. The limit is what you are willing to do for the money being paid. If you do not like the hours for the money, your option is to quit and find another job, or to attempt to negotiate more money or less hours with your employer. Good luck to you.
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