Good afternoon Jason,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades and I handle employment law issues.
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 very nominal charge of just $5 more I can offer you a personal phone conference during which there is no limitation on the number of questions you can ask of me, as opposed to continuing in this question and answer thread which is searchable and viewable by the public.
Let me know if you don't want a call and I will be happy continue here with an answer for you.
Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. How many hours a week are you working as a salaried exempt employee?
2. What duties are you performing that are non-exempt?
3. Who are you writing a demand letter to?
4. Have you asked the IRS to look into your alleged exempt status yet?
5. How long have you been doing more than 50% non-exempt work?
6. What qualifies you as exempt in the employer's mind? Supervisor, Professional, Executive?
Thanks in advance,