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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35785
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Can an employer require an exempt employee to perform two

Customer Question

Can an employer require an exempt employee to perform two jobs without pay?
Submitted: 11 months ago.
Category: California Employment Law
Expert:  LawTalk replied 11 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. You are working two jobs and not being paid at all? How is that?

Doug

Expert:  LawTalk replied 11 months ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. Let me know if you don't want a call and I will be happy continue here with an answer for you.

Thanks in advance,

Doug

Customer: replied 11 months ago.
I am employed and paid for 1 job and being required to performed a second because of a vacancy.
Expert:  LawTalk replied 11 months ago.

Same employer?

You are paid as a salaried exempt employee?

Customer: replied 11 months ago.
same employer and yes exempt.
Expert:  LawTalk replied 11 months ago.

And is the second job qualified as another exempt position---for example you supervise 2 or more people?

Customer: replied 11 months ago.
Expert:  LawTalk replied 11 months ago.

Thanks for the additional information.

Under Texas law, so long as additional jobs that you do qualify as a salary exempt position, you can be forced to do 5 different jobs, or 10, or 100 for that matter. Only if you are told to do a job that is not capable of legally being classified as a salary-exempt job would you be entitled to additional pay for doing that job.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 11 months ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug

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