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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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we have a seasonal administration person who drops down to

Customer Question

we have a seasonal administration person who drops down to 20 hours a week in the winter six months (Park&Rec) Can they still qualify as a salaried employee making $21 an hour?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.

Are you asking if the employee would be an exempt employee or just if they can be paid salary instead of hourly?

Customer: replied 4 years ago.


I guess I wasted $38


Of course the question is, Can they be treated as salaried exempt?

even though they do not meet the minimum salary guidelines for siz months of a regular season.

The other option being salaried non-exempt.

I think I know more about this question than you do.



Expert:  Joseph replied 4 years ago.
I apologize for the need for clarification, but it was necessary for me to give you a direct answer to the question. I would appreciate if you don't make disparaging remarks when I'm trying to assist you.

No, the person cannot be treated as a salary exempt employee since he or she does not meet the minimum salary qualifications to be a salaried employee.

If you do pay the employee as a salaried employee and deny him or her overtime, you could be liable for any underpayments as well as penalties under the labor code for failure to pay overtime and wages on a timely basis.