I work in California, I am on salary. I am only paid for 40 hours of work but my company expects me to work at least 45hours. Is this legal?
4 Answers from Attorneys
It is legal if you qualify as an exempt employee under the California Labor Code and/or Fair Labor Standards Act. Please contact me at 213-381-6557 or [email protected] if you would like to discuss the issue further.
All the best,
Employers can require you to work as many hours as is deemed necessary. If you are truly an exempt (salaried) employee, as defined by law, you are paid the same regardless of how many hours you work. However, if you are truly a non-exempt employee (hourly) as defined by law, the employer must pay for all hours worked, including overtime rates for worked time in excess of 8 hours in a workday or 40 hours in a workweek.
To be an exempt employee, the general rule is that you must devote the majority of the work week performing either professional, managerial or administrative functions and must be paid no less than two times the current minimum wage (which is $8.00 per hour).
If you believe your employer misclassified you to avoid paying you overtime, you should consult with an employment law attorney for a legal evaluation.
Properly classified salaried exempt personnel work as many hours as the company demands, no limit, no OT. If you are not Properly classified, that is a different issue. If you think you are not Properly classified, feel free to contact me about your rights and remedies, including unpaid OT and wages, penalties and interest..
Your employer can require you to work more than 40 hours a week if you are an exempt employee. Many employers fail to properly classify their employees. As a result you could be entitle to overtime and penalties. Additionally, many employers underpay their salaried employees. Feel free to call me and we can discuss your situation. I have offices in Riverside and Costa Mesa. 951-680-1182