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8 hr Day vs 40 Hour Week

On Lawyer & Legal » Employment & Labor Law

6,355 words with 12 Comments; publish: Mon, 23 Jun 2008 13:44:00 GMT; (800203.00, « »)

The state is: California

I'm trying to get some clarification on a few issues.

1.) I work Monday - Friday. My employer pays me 15 mins of comp time for every hour I work in excess of my 8 hour day if I so choose. In some weeks I will work 12 to 14 hour days. By the time Thursday rolls around, I've already put in 40 hours for the week. If there is no work for me to do on Friday, can I legally take Friday off - assuming my employer says it's okay? Or do I have to go to work Friday and charge the employer comp time for each of the days that week I worked in excess of 8 hours? I guess what I'm asking is, should my employer be calculating comp time based on the hours in excess of the 40 that I work in a week... or based on the hours in excess of the 8 I work in a day?

2.) I've also been told that as an exempt employee, you are paid for a 40 hour week regardless of whether you have 48 hours worth of work or 28 hours worth of work. So if you've got nothing to do for 2 hours... you can run an errand and not feel guilty about having to put down for sick or vacation.

3.) Finally, can a employer force an exempt employee from working past an 8 hour day and/or 40 hour week? If so, by how much? Can they demand you put in, say, a 60 hour week without additional compensation?

Thanks!The state is: The state is: The state is:

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  • 12 Comments
    • how about starting off with;

      are you an exempt employee? You did ask 2 questions concerning exempt status which would infer you are but...

      if you are exempt, under what group is your exemption?

      are you salaried?

      what is you normal sechedule of work?

      #1; Mon, 23 Jun 2008 14:02:00 GMT
    • Comp time is not required and if your employer offers it, they can calculate it any way they want. Assuming of course you are an exempt employee.

      Your employer can (and should) make you account for all your time and if they would frown upon you leaving work without permission, then you shouldn't do it. They can also require you to make up the time if you have to take a few hours off. However if you are not able to make up the time for whatever reason, they can't reduce your pay. But they can deduct it from your vacation.

      If your employer wants you to work more then 40 hours, they can do so. There is no limit on the number of hours they can require you to work and for an exempt employee they never have to pay you more then your regular weekly salary.

      #2; Mon, 23 Jun 2008 15:07:00 GMT
    • Quote:
      === Original Words ===

      First, I appreciate and want to thank everyone for their quick reply to my question and I want to apologize for my late response to your questions. To clarify, I'm a government worker...and I'm exempt...I'm a department manager.
      **A: I wish you told us that from the start.
      #3; Wed, 02 Jul 2008 13:34:00 GMT
    • Being exempt or nonexempt is the only question. If you are truly exempt, your employer is required by law to pay you any extra compensation what so ever. If your employer requires you to work 48 hours one week and then 6 hours the next, they can do so and they are well within the law.
      #4; Mon, 23 Jun 2008 15:06:00 GMT
    • Quote:
      === Original Words ===

      Oh, okay.

      http://www.dir.ca.gov/dlse/faq_OvertimeExemptions.htm

      exempt under fed regulations does appear to differ than California regulations

      and this, of course, accepts that the OP is properly being claimed as exempt. Is he?

      Couldn't begin to tell you unless the OP can tell us exactly what their job duties are.
      #5; Mon, 23 Jun 2008 16:40:00 GMT
    • so, since you are exempt, they can make you work as many hours at any time of the day or night
      #6; Wed, 02 Jul 2008 17:34:00 GMT
    • Quote:
      === Original Words ===

      Being exempt or nonexempt is the only question.
      Oh, okay.

      http://www.dir.ca.gov/dlse/faq_OvertimeExemptions.htm

      exempt under fed regulations does appear to differ than California regulations

      and this, of course, accepts that the OP is properly being claimed as exempt. Is he?

      #7; Mon, 23 Jun 2008 15:17:00 GMT
    • First, I appreciate and want to thank everyone for their quick reply to my question and I want to apologize for my late response to your questions. To clarify, I'm a government worker...and I'm exempt...I'm a department manager.
      #8; Wed, 02 Jul 2008 13:25:00 GMT
    • If you are legitimately exempt, neither an 8 hour day or a 40 hour week has any legal significance to you.

      The following answers to your question presume that you are, in actual fact, an exempt employee:

      1.) Since comp time is not required, they can calculate it any way they wish.

      2.) That's up to your employer. The law does not prohibit your taking a couple of hours to run an errand. Your employer may. The fact that it does not affect your salary does not mean that your employer is required to allow you to leave in the middle of the day, come in late, or leave early, to run errands.

      3.) Yes. As I said above, neither a 40 hour week nor an 8 hour day has any legal significance to exempt employees. You can be required to work as many hours as it takes to complete the job to the employer's satisfaction.

      #9; Mon, 23 Jun 2008 19:52:00 GMT
    • First, I appreciate and want to thank everyone for their quick reply to my question and I want to apologize for my late response to your questions. To clarify, I'm a government worker...and I'm exempt...I'm a department manager.
      #10; Wed, 02 Jul 2008 13:24:00 GMT
    • Quote:
      === Original Words ===

      **A: I wish you told us that from the start.
      I wish I had too...I guess I just didn't realize how important it was to the discussion, I suppose.
      #11; Wed, 02 Jul 2008 13:41:00 GMT
    • Oh well...that's what I get for being exempt.
      #12; Wed, 02 Jul 2008 18:29:00 GMT