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Category: California Employment Law
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I was put on salary years ago and was told I was an exempt

Customer Question

I was put on salary years ago and was told I was an exempt salary employee. Recently I have learned that my job (the work I do) has never really fallen under the exempt description. Since I didn't punch a time clock how would those hours be proven and how far back (if I decide to file) can I go.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  EmplmntLaw1 replied 1 year ago.

There is caselaw on this. Essentially you would reproduce your hours to the best of your recollection, the employer would then have the burden of proof to refute your alleged hours. The law essentially punishes the employer by placing the burden of proof on the employer to refute what the employee states as his/her hours for the period; normally the employee would have the burden to show the judge/jury that those were the hours worked - when there are no records (which it is the employer's legal obligation to track and keep records of hours worked for hourly employee) the law punishes the employer with this. You can make a claim for up to three years back if the employer is found to have intentionally broken the law or two years back if there was no intent to break the law - so every plaintiff starts off claiming three years back.

Expert:  EmplmntLaw1 replied 1 year ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

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