California Employment Law

Have California employment law questions? Ask a lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Is there a maximum to the number of hours that a salaried…

Customer Question
Is there a maximum to...
Is there a maximum to the number of hours that a salaried employee should be expected to work? I have been working in my new role since Sept 1 in excess of 100+ hours per week, often working 36 hours straight without rest, taking a break to sleep, and then working another 16 - 30hours straight. At what point am I protected from unfair wages and excessive work. I have documented my complaints numerously to my employer and they keep saying they will get me help but there is no end in sight. Twice this week I have worked in excess of 30+ hours nonstop. If I was to compare my salary to what I used to make hourly, I now make 1/3 of my old salary because I work so many hours. I am exhausted and it has impacted my health. I am currently now taking medication to help with anxiety and stress.
Submitted: 2 years ago.Category: California Employment Law
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 1 minute by:
1/29/2016
California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,550
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I am sorry to hear about your excessive work hours. What kind of work do you do? Also, in what state are you located? I very much look forward to helping you on this matter.

Ask Your Own California Employment Law Question
Customer reply replied 2 years ago
I am in North Carolina and a Sr. Financial Analyst
California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago

Thank you. As a financial analyst what exactly do you do? I ask because it is potentially relevant to whether you are entitled to additional compensation.

Ask Your Own California Employment Law Question
Customer reply replied 2 years ago
I provide financial analysis support for 6 global manufacturing sites in the pharmaceutical industry for which I am required to process month end close for our books by end of business day 1 in order to provide the client with accruals to report under the contract my employer has with the client. Once I complete month end close and related activities, I then compile data regarding their transactional versus budget activities and then work with the sites to present financial data. I review and report the data and attend meeting with the client in a setting in which operational and financial data is presented to evaluate performance and budget. I also am tasked with reviewing the transactions ,preparing invoices, A/R, and now collections. The data is in the millions for these sites and the job was changed when I came into it as they felt that they wanted an analyst who could do everything for the site at a corporate level, from invoicing to analysis to being the one who interacts with the client on a personal level. The prior person doing this role did not interact with the client (ever), did not attend meetings, did not do billing, A/R or collections. She did have other duties, but the role was much more limited.
California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago

Thank you.

So, in general, an employee is entitled to overtime for all hours worked in excess of 40 per week unless their job duties qualify them for an exemption from overtime. This is true even for salaried employees. In the case no exemption applies, the salary is just presumed to compensate them for 40 hours and everything worked beyond that must be paid in addition.

If you are properly classified as an exempt employee, there is no limit to the number of hours your employer can force you to work for the same flat rate salary. Indeed, this is the very purpose of salaried exempt positions--the employee is paid a flat rate to "get the job done," whatever that job may be as determined by the employer.

Based on what you have described, it seems that the administrative exemption may apply to your employment. Here is a summary of the requirements for the administrative exemption. If you believe that this exemption does not apply to you, there is a chance that you are improperly classified as exempt and thus entitled to additional compensation. But it is important to also note that even if you are not exempt, your employer still retains discretion over your schedule and can require you to work any number of hours. It's just that the hours over 40 must be compensated beyond your salary.

If you believe you are owed unpaid overtime, your remedy is to file a wage claim with the NC Department of Labor, which you can do here.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Ask Your Own California Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a california employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 14,550
14,550 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

58 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

15 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
I live in California mimium wage is $11.00. Two employees
I live in California mimium wage is $11.00. Two employees meet all the exempt requirements except the wage requirement which is $45,760 salary per year. They both make far less but they are still exem… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,550 satisfied customers
Does the new law attendant who works live-in still exempt 8
Does the new law for personal attendant who works live-in still exempt 8 hrs for sleep out of the 24 hours per day?… read more
legalg
legalg
Other
Juris Doctorate
58 satisfied customers
I have a question about hours paid worked. An employee works
I have a question about hours paid for hours worked. An employee works four 12 hour shifts in a week for a total of 48 hours. The first shift was worked on a regular work day and pay was 12 hours at s… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,550 satisfied customers
I am non exempt full time 32 hrs a week employee and I am salary
I am non exempt full time 32 hrs a week employee and I am salary for 64 hours at 990.08 bi-weekly. My employer asked me to work 40 hours back in October 2014 with no mention Verbally or in writing of … read more
socrateaser
socrateaser
1,031 satisfied customers
I am wondering if a salary can be based on 54 hours a week,
I am wondering if a salary can be based on 54 hours a week, whether the hours are worked or not? California. In other words, I don't want to hear aout someone working overtime unless it is really exce… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,550 satisfied customers
My position is classified as exempt by my employer. I work
My position is classified as exempt by my employer. I work 20 hours per week. My salary is less than $455 a week. Can my job be classified as exempt?… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,550 satisfied customers
Dear Attorney (Patrick), 1. Can I know, what will be minimum
Dear Attorney (Patrick), 1. Can I know, what will be minimum annual salary for an exempt-employee working in Bay Area, CA effective July 1, 2014? 2. My general manager works as full time employee at m… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,550 satisfied customers
Pertaining ONLY and SPECIFICALLY to California Law... If a
Pertaining ONLY and SPECIFICALLY to California Law... If a household worker (Registered Nurse) is working (not a live in) for assistance to an Elder person... What is considered regular hours and over… read more
socrateaser
socrateaser
1,031 satisfied customers
If an employee is a salary, full time employee, and they work
If an employee is a salary, full time employee, and they work the weekend, are they required to get paid additional money?… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,550 satisfied customers
I work for a large company in CA in a small department that
I work for a large company in CA in a small department that consists of 1 manager, 3 Assistant managers( of which I am 1) and one Quality Assurance Analyst. A QA analyst is an hourly position. Last Ma… read more
LawTalk
LawTalk
Attorney
Juris Doctor
1,285 satisfied customers
I am a computer animator and have a contract that obligates
I am a computer animator and have a contract that obligates me to a 40 hour work week. It does say that I am exempt from overtime in my contract. My company, which has a history of lawsuits against it… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,550 satisfied customers
Hi - I have an employee who has been working for me for five
Hi - I have an employee who has been working for me for five years now. She is a very good employee and I value her greatly! I have been paying her a very competitve weekly salary since the beginning … read more
LawTalk
LawTalk
Attorney
Juris Doctor
1,285 satisfied customers
MY DAUGHTER IS WORKING FOR A COLLEGE IN SAN FRANCISCO AND IS
MY DAUGHTER IS WORKING FOR A COLLEGE IN SAN FRANCISCO AND IS TOLD TO WORK LONG HRS 12 TO 13 A DAY 5 DAYS A WEEK TO TRY TO KEEP UP WITH THE WORK LOAD AND WAS NOT INFORMED OF THIS WHEN SHE WAS HIRED. SH… read more
Legal Counsel
Legal Counsel
Lawyer
Juris Doctorate
32 satisfied customers
I do on call work- my work pays me for 36 hrs weather i work
I do on call work- my work pays me for 36 hrs weather i work or not. I carry a pager and am an RN. So when i get called I come and do what is needed then leave. I get overtime anything over 8 hrs in a… read more
socrateaser
socrateaser
1,031 satisfied customers
Our companys established work week is Saturday at Midnight
Our company's established work week is Saturday at Midnight through Friday at 11:59 PM. We have an employee whose work schedule will be Thursday through Tuesday. That's six days, so I know he will be … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,550 satisfied customers
My daughter started a new job with an event planning company.
My daughter started a new job with an event planning company. She started on a hourly basis. After a month the owner converted her to a salary. Now, of course, the ATT at Pebble Beach comes along and … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,550 satisfied customers
I am a salary employee. I average 50 a week Monday to Friday.
I am a salary employee. I average 50 a week Monday to Friday. Work week is Sunday to Saturday. This week I will work Monday to Friday 9 hours a day, Saturday and Sunday 10 hours a day, then Monday to … read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
I am a front store manager for cvs pharmacy. My paychecks clearly
I am a front store manager for cvs pharmacy. My paychecks clearly state that i am paid 24.50 an hour for 45 hours a week. Can they make me work more hours. Also during a week with a holiday in it, we … read more
Tina
Tina
Doctoral Degree
83 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x