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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5222
Experience:  Extensive experience representing employees and management
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if an employer or manager changes your status from exempt to

Customer Question

if an employer or manager changes your status from exempt to non-exempt without clear explanation. what measures can be taken? the only thing it was mentioned was the daily activity changes made this transition;however, the daily responsibilities remained the same and no new job description was given even after i requested.

Please advise...
thank you
Kind regards,
Marina
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello,

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

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

It's likely that you never should have been classified as an exempt employee to begin with.

Can you describe your job (duties, etc. to me)?

To clarify, do you want to stay as an exempt employee? It is always better to be non-exempt, as you are entitled to overtime, rest, and meal breaks that you aren't entitled to as an exempt employee.

Customer: replied 1 year ago.

Hello;



I am an Asset manager who is in charge of buying and managing all IT equipment throughout North America offices, 2000+employees.

Customer: replied 1 year ago.

i am not sure how to accept this change and what the actual reason is behind it? why now? it's confusing to me because i never really got a clear explanation. i understand that there is OT however, it's rare that they approve OT. i have started working for the company as a contractor and many times my OT hours was not approved, and i had alot of work that needed to be done, so i put many hours of my personal time to try to catch up performing 3-4 staff duties. hope this makes sense.


 


-Marina

Expert:  Joseph replied 1 year ago.
Hello Marina,

Let me look into this for you.

I'll get back to you soon.
Customer: replied 1 year ago.

ok, thank you.


 


-Marina

Expert:  Joseph replied 1 year ago.
Thanks Marina.
Expert:  Joseph replied 1 year ago.
Hello Marina,

Unfortunately, as an at-will employee, your employer can change you from exempt to non-exempt at any time for any reason with or without any prior notice.
As I mentioned before, however, most employers try to misclassify employees as exempt to avoid paying overtime, meal and rest breaks. In your situation, it seems that your job may have never fit into any one of the proper exemptions to begin with (managerial, professional, or executive). (The managerial exemption is related to managing employees).
You can read more about them here:

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

Also, while your employer can approve or deny overtime, if you wind up working overtime, you must be compensated for those hours. And, you should not have to be taking personal time to complete your work. If that’s the case you are probably being tasked with too much and you should be entitled to overtime anyway.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 5222
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you very much for your services. i guess i should not have anything to worry about.


 


-Marina

Expert:  Joseph replied 1 year ago.
Thank you Marina! Happy to help and best of luck!

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Joseph
Joseph
California Employment Lawyer
5222 Satisfied Customers
Extensive experience representing employees and management