Long Beach, CA asked in Employment Discrimination and Employment Law for California

Q: Are there hour requirements for salary

Example if you agreed to 40 hrs a week 5 days a week 8 hrs a day can they just tell you it change to 52 hrs a week and not raise your salary or try to fire you if you can’t commit to 52 hrs a week

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: I am sorry but there are no minimum or maximum hour limits/requirements for a properly classified exempt salaried employee. In exchange for your salary, you must give any and all hours to the job you have agreed to perform. And you are still going to be considered an at will employee unless you have an agreement to the contrary with your employer, which means you can be disciplined or terminated for any reason or even no reason at all. Not being able to work 52 hours a week would certainly allow the employer to terminate your employment.

Good luck to you.

Yitz Erik Weiss
Yitz Erik Weiss
PREMIUM
Answered
  • Employment Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: If you are properly classified as an exempt employee and paid on a salary basis, then your employer could increase your hours without any additional pay, unless you have a contract that states otherwise.

That being said, many employees are incorrectly classified as exempt and paid a salary when they should be paid hourly and be entitled to overtime compensation. You should consider consulting with an experienced employment lawyer to evaluate your particular situation.

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