How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I was changed from hourly to salary (which effectively took

This answer was rated:

I was changed from hourly to salary (which effectively took 48k/yr off my income). My company still wants me to work 50 hours a week.

At my last company (also in Calif) they told us since we were salary and California, we had to work 6 hours in a day to claim that day as a 'worked' day and get paid for it. If that's true, then how can my current company ask us to work 50 hrs a week?

What does Calif law say about how many hours I have to work in a day as a salaried employee in Calif

thank you
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

As a salaried employee, your wages are not dependent on the number of hours that you work at all, so as long as you do any work in a day you are entitled to be paid for that day.

However, as a an exempt salaried employee, your employer can require that you work 50 hours a week as a condition of continued employment, if you are correctly classified as an exempt employee.

However, you would be entitled to overtime wages if you are misclassified as exempt, since many employers classify employees as salaried exempt to vaoid paying them overtime when they should be non-exempt employees.

You can read more about the exemptions to overtime for certain employees online here:

http://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm


If you don't fit into either the Executive, Administrative, or Professional exemption, you should be a non-exempt employee and would be entitled to overtime wages for all hours worked in excess of 8 in a day or 40 in a week.

If that's the case, you should file a wage claim with the Dpeartment of Industrial Relations for unpaid overtime, which you can do using the forms available online here:

http://www.dir.ca.gov/dlse/dlseWagesAndHours.html
Joseph and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions