Concerning overtime for a salary exempt employee.

UPDATED: Aug 21, 2017

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Concerning overtime for a salary exempt employee.

I am salary exempt plus commission compensation. I have a bi-weekly base salary plus monthly commission pay. I also punch a time clock that tracks my hours. Can my employer demand overtime of me without compensating my time?

Asked on August 21, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Salaried, exempt employees can be made to work any number of hours, including what would otherwise be considered "overtime," without any additional compensation, including without overtime.
You write that they track your hours: if they base your pay on your hours or debit pay if you work fewer hours, then you are actually an hourly, non-exempt employee: hours cannot be used to determine salaried staff weekly pay. On the other hand, if they track the pay just to evaluate your performance, or make sure you are not shorting them time (since while they can't reduce your pay based on fewer hours one week, they can terminate or otherwise discipline employees, even salaried exempt employees, who work too few hours or who lie about the hours they work),  or for billing purposes (e.g. what client or project to assign your time to), that is legal and does not effect anything.

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