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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I am a physical therapist and was put on salary, working part

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I am a physical therapist and was put on salary, working part time. I am paid for 24 hours per week period; even if I go over that amount of hours as well as come in on my days off and do paper work. My employer has classified me as an exempt professional. Is this within labor law? The problem is I am always going over 24 hours to get the work done.

Thank you
Unfortunately, physical therapsists are considered to be classified as professional exempt employees, menaing that they can be paid salary, and that their pay doesn't have to be contingent upon the number of hours that they work.

This means that despite you coming in for more than 24 hours a week, your employer is not obligated to pay you for that time.

This is such as long as you meet the qualifications of the professional exemption set out here:

http://www.dol.gov/whd/regs/compliance/fairpay/fs17d_professional.pdf

Unfortunately, what is unfair and wrong isn't always illegal. However, I would strongly suggest that you try to renegotiate the conditions and terms of your contract to reflect a salary for the amount of work you actually do rather than just 24 hours a week.

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.

Please let me know if you have any follow up questions.
Customer: replied 3 years ago.


Thank you, XXXXX XXXXX more question....


 


If I am on salary, doesn't it have to be a full time position to be classified as salary versus hourly?

Hello Lisa,

No, unfortunately, it does not. You can be paid a part-time salary as long as you're making at least $455 a week (greater than minimum wage for 40 hours a week).
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