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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I want to hire my IT person 2 days a week to head up a marketing

Customer Question

I want to hire my IT person 2 days a week to head up a marketing team for customer relations, make him exempt and he will only work 16 hrsw a week right now give him an annually salary, and the other days he will work with his own computer business servicing clients not relative to my business. do we have to follow the same guidelines as the other employees for lunches, dress standards etc since we want to classify him as an exempt level employee and have him on our payroll for dedicated hours just for marketing and customer relations development.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

The rules governing meal periods for hourly exempt employees are a bit strange in California. The California Labor Code does not expressly exclude any class of employee from the statutory meal period requirement, so it would seem that exempt employees also must be given a meal period. Nonetheless, the Wage Orders exclude exempt employees from the one hour premium pay penalty for failure to provide a meal period, thus making it quite difficult for an exempt employee to actually enforce their right to receive one.

Put another way, the law technically requires a meal period for exempt employees but does not appear to provide a penalty for an employer who does not provide one.

Other work guidelines such as dress code need not be uniform among employees. An employer is free to require some employees to follow a certain dress code and others not, provided the underlying motivation for such disparate treatment is not the employees' sex, gender, race, ancestry, national origin, color, sexual orientation, religion, medical disability (including HIV/AIDS diagnosis), marital status, or age (40 and over), which would constitute discrimination. Thus, an exempt employee may be held to a different standard or no standard in regard to dress code and other office protocol.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

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Customer: replied 5 years ago.

on the same question following the guidelines of our other exempt employees, they all have to sign in when they come to work breaks and lunchs and end of day. does he have to do this as well? We do this for tracking purposes for PTO,Since we classified him as an exempt level employee do we have to provide him the same rights of earning PTO as the other employees? We have a contract with him specifically saying his salary and what we provide in this contract. We did the at will statement etc to protect us and him. we did not include any verbage on earning PTO.


Expert:  Patrick, Esq. replied 5 years ago.
Thank you for your followup. Unfortunately, I must out of this question in favor of other experts. Please do not respond to this message, as it will delay a response from someone else. Very best regards.
Expert:  Joseph replied 5 years ago.
Yes, you can require that he sign in when he comes in to work, for breaks, lunches, and at the end of the day.

You aren't obligated to provide him with the same rights of earning PTO as other employees.
Joseph, Lawyer
Satisfied Customers: 5299
Experience: Extensive experience representing employees and management
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