Non-Exempt employee vs exempt employee - how do I find out?


goodluckishere

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Posted

Hi,

 

I just joined a Indian consultancy firm in California. During the initial talk with HR, I was told that as per my job level I will be non-exempt and will be entitled overtime pay.

 

I signed the offer letter and joined the company. after I joined, I reviewed the offer letter to find out that I am classified as exempt. Now, when I asked them to change it they say my role is classified as exempt.

 

I understand there are some CA labor laws which define this. But, I want to confirm that my role is indeed a exempt role. How do I find this out?

 

Please advise.

Posted

If you get paid hourly, you would generally be non-exempt. In CA, non-exempt employees are entitled to overtime pay if they work more than 8 hours in the day.

Exempt employees get a salary. Exempt employees don't get overtime pay, but get paid the same even if they work less hours.

Also, exempt employees have much more freedom in how they do their work.

Generally, most real IT jobs are exempt. I have been working as exempt employee all the time since graduating from college.

You can check things on the CA government website. Start here: http://www.dir.ca.gov/dlse/FAQ_Overtime.htm and http://www.dir.ca.gov/dlse/Glossary.asp?Button1=P#professional%20exemption

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