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Working 70 plus hours a week

Discussion in 'Employment, Labor, Work Issues' started by Tonyshio, Jun 27, 2022.

  1. Tonyshio

    Tonyshio Law Topic Starter New Member

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    Hello everyone, if someone getting paid salary instead of hourly every week and according to HR that person doesn’t have to work more than 50 hours in a week (executive chef) and he is now working 75 hours per week (due to kitchen staff shortage) and getting paid the same amount every week. Does employer owe any extra money due to The extra hours?
     
  2. cbg

    cbg Super Moderator

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    How many hours the employee works is entirely a decision by the employer. While CA is one of the two states that puts a cap on how much overtime an employee can be required to work, 70 hours per week is well within the limit.

    Whether additional compensation is due, is determined by whether the position is exempt or non-exempt. Assuming that the employee's wages are at or over the salary floor for exempt status (the CA floor is higher than the Federal floor), then it is entirely the employee's job duties and nothing else that determines whether he is exempt or not. If he qualifies to be exempt, then there are no circumstances whatsoever in which the law requires him to be paid a single penny over and above his regular salary, regardless of how many hours he works. The salary covers all hours worked, even if he is working more hours than HR says he should.

    If the employee does not qualify to be exempt, that's a whole different story. But in my understanding an executive chef can qualify for exempt level status.

    EXEMPT VS NON-EXEMPT IN CALIFORNIA 2022 PERSPECTIVES - EverythingHR.
     
    hrforme and Tonyshio like this.

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