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  1. #1
    Join Date
    Mar 2009
    Posts
    4

    Default Salary Pay

    My question involves employment and labor law for the state of: California.I have been a salary payed employee for several years in the landscape construction field.And in the past i have worked five hrs. days and received my full days pay.Is it legal for my boss to with out any advanced notice only pay me for half a day when i worked over five hrs.?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Salary Pay

    are you an exempt or non-exempt employee?

  3. #3
    Join Date
    Mar 2009
    Posts
    4

    Default Re: Salary Pay

    I believe that i am non-exempt.My salary pay is an offer made to me by my employer.Which of course i excepted.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Salary Pay

    exempt and non-exempt are a manner of classification. An exempt employee can be treated as a non-exempt but you cannot treat an non-exempt as exempt.

    this may help you determine which you are.

    https://www.dol.gov/elaws/esa/flsa/scope/screen9.asp

    and this

    https://www.dol.gov/elaws/esa/flsa/screen75.asp

  5. #5
    Join Date
    Mar 2009
    Posts
    4

    Default Re: Salary Pay

    Well then i would say i'm non exempt.exempt would mean that i would get paid even if there was no work for the day.I do not.I've only been payed for anything over a half day.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Salary Pay

    If you are a non-exempt employee you have no legal expectation of being paid any time you do not work, with very, very limited exceptions that do not apply here. If you only work five hours, then under the law you only have to be paid for five hours.

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