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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35406
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I am an outside sales person. Full time salaried plus

Customer Question

I am an outside sales person. Full time salaried plus comission . Thus I am a exempt emplyee. I do spend about 25to30 %in office doing sales follow up administrative.
Now my employer is changeing to hourly full time and requireing me to come ck at 8am then go out and sell and them come back at 5and check in and says now i am non exempt. I say no I am full time out side employee and i should be salary exempt
Am I exemp or non exempt?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

CA law never mandates that an employee must be classified as salary exempt. An employer may classify an employee salary exempt under certain circumstances, but there is no situation in which an employer could not choose to refuse to designate someone as salary exempt.

If your employer wants to designate you as an hourly employee, at least legally, you have no choice in the matter. They may do that under CA law.

Under the circumstances, and given that the law allows your employer to designate you as a non-exempt employee, then you are non-exempt.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

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