Does company policy supercede the labor code?
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Does company policy supercede the labor code?
For example according to my state’s labor code, full-time employment means 40 hours per week for both exempt and non-exempt employees; my employer’s policy says salaried employees must work at least 45 hours per week. If I work at least 40 hours per week in accordance with the labor code can my employer claim I was stealing time by not working 45 hours?
Asked on July 1, 2012 under Employment Labor Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 11 years ago | Contributor
Generally speaking--the labor code trumps any contract.
No, you couldn't be accused of stealing the time unless you misrepresented how much you were working. I'm a little confused at why an employer would track hours if you are salaried, but to each their own.
From your question it appears that the company put the hour requirement into the contract so that employees may be fired with cause for failing to work an adequate number of hours. I would work 45 hours a week to ensure I didn't get terminated.
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