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Category: California Employment Law
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Can a company make an exempt employee go to part time empl

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Can a company make an exempt employee go to part time employment?

Hello there


Unless you have a written contract with the company guaranteeing full time employment or you are a member of a union that has a contract with the company concerning these issues, then you are an "at will" employee and the company can promote, demote, cut hours or terminate you at their own will -- there are no laws against such actions so long as you are being paid the minimum wage for all hours worked (whether part time or full time) -- it is not permissible for them to categorize you as a part time "exempt" employee and then make you work more than part time hours where it ends up really being a full time job at part time pay (and if this is the case you can and should file a complaint with the CA Labor Board). This is true for exempt and non exempt employees. The only way you would be able to build a case against them is if you were able to prove that they are discriminating against you due to your race, gender, age (over 40), disability, religion, or sexual orientation (in which case you could file a claim with the Equal Employment Opportunity Commission). I truly wish that I could tell you otherwise but there are not a lot of protections out there in the law for employees and employers usually have the upper hand unless they are violating specific provisions of the wage and hour laws (such as the minimum wage laws) or they are discriminating against you.


Please let me know if you have further questions.




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