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 LawTalk Your Own Question

LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 28001
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
15277592
Type Your California Employment Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

is a company require to give Flex/Comp days to salary employees

Resolved Question:

is a company require to give Flex/Comp days to salary employee's if they work on weekends
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

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

Customer: replied 1 year ago.

Dear XXXXX,


 


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.

Expert:  LawTalk replied 1 year ago.

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

LawTalk, Attorney
Satisfied Customers: 28001
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

great last question, can you please provide me the law codes that show that so i may show our employee

Expert:  LawTalk replied 1 year ago.

Hi Jose,

You are asking for a code that shows what?

Doug

Customer: replied 1 year ago.

yes please

Expert:  LawTalk replied 1 year ago.

Hi Jose,

 

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?


Doug

Expert:  LawTalk replied 1 year ago.

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:

Chapter 5. Industrial Welfare Commission Wage Orders
Group 2. Industry and Occupation Orders

Article 4. Professional, Technical, Clerical, Mechanical, and Similar Occupations

§11040. Order Regulating Wages, Hours, and Working Conditions in Professional, Technical, Clerical, Mechanical, and Similar Occupations.

Section 3(L):

(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


LawTalk, Attorney
Satisfied Customers: 28001
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Good evening Jose,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards XXXXX XXXXX

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    888
    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    334
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3755
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 
Chat Now With A California Employment Lawyer
LawTalk
LawTalk
Attorney at Law
937 Satisfied Customers
I have 30 years of experience in the practice of law, including employment law and discrimination law.