Legal Question in Employment Law in California

Can an employer require an exempt employee to take a one hour lunch break? Can they mandate that a part-time exempt employee who is paid for 32 hours / week be at their desk 8 AM - 5 PM when their job also requires some evenings and weekends? This is in California.


Asked on 3/21/14, 12:02 pm

1 Answer from Attorneys

1. Yes, and to keep any other hours the employer wishes.

2. The rest of your question makes no sense. They are not part-time if they work 8-5 and some evenings and weekends. If they are truly exempt, their salary may be calculated on a 32-hour/week basis, but that is not how, in fact, they are paid. They are paid a flat salary or they are not exempt, and for that salary they work whenever the employer requires. If they are paid on an hourly basis, then they are not exempt, and they must be paid for every hour worked.

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Answered on 3/21/14, 12:37 pm


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