Hourly wants to be changed to salary so she can work less hours more days a week with out incurring overtime. We do not allow overtime. Is this defined by labor laws or criteria?
State/Country relating to question: California
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service. Can you please clarify what specifically your question is regarding this situation? Also, can you please provide a description of this employee's job?I very much look forward to assisting you regarding this matter.
She manages parts of programs in a Museum, is on the road interviewing for native american language program 2 x per month or more. She works in the office most of the time under the director of the museum. Just graduated with a doctrate. she doesnot supervise anyone. likes to work at night and on week ends. Like to work from home on the newsletter she writes.
Thank you very much for this additional information. Can you please clarify what specifically your question is, though? I ask only because I want to provide you with a specifically tailored answer and address your precise concerns.Thank you again.
Is it legal, can we change her to salary? She makes 22.00 per hour, we will not reduce her pay. I was afraid it would be viewed as the employer taking advantage of the employee. This is her request.
Okay, thank you very much for clarifying and for your patience.An employee may only be converted to salary and paid a flat wage regardless of total hours worked if the employee has "exempt status." Exempt status means that an employee is not entitled to receive overtime.Whether or not an employee is exempt depends on their primary duties. The Fair Labor Standards Act recognizes five clases of exemption: (1) administrators; (2) executives and certain employees with managerial authority; (3) outsides salespersons; (4) certain computer professionals/programmers; and (5) professionals such as doctors and lawyers.California law provides that in order to be exempt pursuant to the executive/managerial exemption from overtime, an employee must spend more than 50 percent of his or her time performing the following duties.- Customarily and regularly directing the work of at least 2 or more employees- Customarily and regularly exercising discretionary power- The authority to hire and fire employee- The ability to make comments and suggestions about personnel matters that are given weight by the employer.The employee must also make a salary of at least $640 per week to be eligible for the exemption.Although you indicate that your employee "manages parts of programs," you indicate that she does not supervise other employees. Accordingly, it would be unlikely that an employee under these circumstances would qualify for the executive exemption or any other exemption, generally speaking.Since no exemption seems to apply, an employee in this circumstance likely cannot be switched to a salary basis, and any attempt to do so may be regarded by the Labor Department as an effort to deprive the employee of overtime.For more information on overtime and exemptions from overtime, see these links:http://www.dol.gov/dol/topic/wages/overtimepay.htmhttp://www.dir.ca.gov/dlse/faq_overtimeexemptions.htmI sincerely XXXXX XXXXX this information helps you and I wish you the best.If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.Thank you and very kindest regards.
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