California Employment Law
California Employment Law Questions Answered by Legal Experts
Good afternoon Jose,I just assisted you with your question about the cell phone allowance, and would be happy to assist you with this new question, if we are completed with your cell phone question. If we are complete, I would kindly ask that you rate my service to you on that question, or ask any follow-up question you might have.1. In the meantime, with regard to this new question, when you say salaried employee---do you mean salary exempt?2. While I fully understand comp time, would you explain what you mean when you sat flex days? I ask because typical flex time simply alters the start and stop time of employment, but the same hours are worked.Doug
yes i mean Salary Exempt employee. Flex time for me is the same as comp time. to be more specific, we have an employee that travel's and she worked weekends she would like to take a few days off during the coming weeks to compensate for the Saturdays she worked. We want to stop this. as the company is not doing so well financially, and need to save as much as possible, that is why we are cutting cell phone allowance. As most employee use it rarely for Business.
Good afternoon Jose, Thank you very much for clarifying that for me. Now I understand. A salary exempt employee is not legally entitled to any flex time or comp time under either federal or CA law. A salary exempt employee may be asked to work 7 days a week if the employer deems it necessary, and as I am sure that you are aware, there is no overtime payment required for salary exempt employees either. The only limitation that you really need to be cognizant of is that a salary exempt employee may refuse to work more than 72 hours in any given work-week, and if they do, you may not retaliate against them or punish or terminate them for their refusal.
Again, there is no notice necessary to end the policy. However, you must give the remaining comp time on the books to the employee if they have any accrued. You may reply back to me again, using the Reply to Expert link, if you have additional questions. I wish you the best in your future, Doug
great last question, can you please provide me the law codes that show that so i may show our employee
Hi Jose,You are asking for a code that shows what?Doug
You asked for a code. What specifically is it you want the code to show. I made 2 statements of fact---one concerning 72 hours a week work time, and the other statement was no mandatory comp time. Which of the 2 are you asking about a code for?
Hi Jose, I didn't ever hear back from you, but I did the research to get your answer. First, there is no code in CA which specifically states that employer don’t have to provide comp time to salary exempt employees. That isn't the way codes are written. Codes like that tell the employer what they employer must provide---not what it need not provide. Comp time is not a legal requirement in CA for a salary exempt employee. As for the other issue, the ability of you to demand up to 72 hours a week from your employees who are exempt, here is the law on that:
(L) No employee shall be terminated or otherwise disciplined for refusing to work more than 72 hours in any workweek, except in an emergency as defined in Section 2(D).
Here is a link: http://www.dir.ca.gov/t8/11040.html
If you have additional questions, you may reply back to me using the Reply to Expert link. Please also keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions. I wish you the best in your future. Doug
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