Exempt employees really is a category that favors the employer and not the employee. Your employer is complying now with the letter of the Fair Labor Standards Act
in that the exempt employee is not entitled to ANY overtime for hours worked over 40. There is no law that states the employer can or cannot give the exempt employee compensatory time for hours over 40, it is at the discretion of the employer and now it seems as this employer is changing its mind (likely for economic reasons as most companies are feeling the crunch). CA has no law preventing using compensatory time for exempt employees. See: http://www.canonprofits.org/resources/managershelpline/hr/exempt.html
which has a great summary of the laws based on federal and California laws. BotXXXXX XXXXXne here is unless you have a written contract specifying you were to get comp time as an exempt employee, this is at the employer's discretion and they can change that.
1a-1b, the botXXXXX XXXXXne on these is that absent a written contract with the employer to the contrary, the employer has a right to set the rules regarding time and place of performance of work. Thus, the employer can make you show up when it wants, regardless of how much or how little sense it makes to you as an employee. There are no laws preventing the employer from doing any of this, and the employer saying there are laws is just the employer being gutless and not wanting to admit they are doing it because they can and find some need to do it.
1c) Holiday pay is at the discretion of the employer, again unless there is a written contract to the contrary. Employee handbooks
in almost all cases do not create any written contract and are merely guides to the employee which can be changed by the employer as it wishes. In fact, most handbooks somewhere in them have a statement that it does not create any binding contractual obligations. So here again, the employer can do what the employer chooses as far as how it manages or schedules holidays. Again, they are following the Fair Labor Standards Act here and CA law does not mandate special holiday pay or pay on holidays not worked.
2. Non-compete clauses are not favored in California and very rarely enforced except for upper level employees. You should respond to this by informing the employer that the non-compete agreement is not valid or lawful and if the employer insists then you call the CA Department of Labor
and they will be glad to explain the situation to the employer in terms of penalties and fines.
Specifically tell the employer: "
"When a contract creates an illegal restraint on trade, '[t]here is nothing which the parties to the action could do which would in any way add to its validity. If the contracts upon which the judgment is based are to that extent void, they cannot be ratified either by right, by conduct, or by stipulated judgment.' (Hunter v. Superior Court (1939) 36 Cal.App.2d 100, 113.)" (South Bay Radiology Medical Associates v. Asher (1990) 220 Cal.App.3d1074, 1080.)" Thus, EVEN if an employee is paid money or given something to sign the contract, it is still illegal AND the employee will most likely not be required to repay the money.
Also, an employee or prospective employee cannot legally be terminated or not hired if they refuse to sign a non-compete agreement. As explained in D'Sa v. Playhut, Inc.
(2000) -- Cal.App.4th --
3. Your research on the NDA is correct, for existing employees they must provide some "consideration" for signing the agreement beyond just continued employment. This is a little different than the non-compete because there is a legitimate interest to protect for the employer to stop employees from disclosing proprietary information of the employer. If they insist you sign without any consideration other than keeping your job, then document this and sign and if they try to enforce it later it will be found to be invalid and the court will throw the agreement out.
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