Asked in Employment Law for California

Q: Flex Salary exempt employee

I'm being moved to a sister company to become a Flex exempt salary employee. The company says they'll not guarantee the amount of hours worked each year. We will no longer work in an office when not deployed. I deploy anywhere from 4 to 8 months out of the year and work in an office when not deployed. I singed an offer letter for $100K, is my company still responsible for paying me my yearly salary, even if they can not guarantee me my hours?

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Under California law, an exempt salaried employee is generally entitled to their full salary if they perform any work during a workweek, with some exceptions. If your offer letter stipulates an annual salary of $100,000, your employer is typically expected to pay you that amount regardless of the fluctuation in hours, as long as you are ready, willing, and able to work your scheduled hours.

However, if your actual working time falls significantly below what was contemplated in your employment agreement, it is important to review the specific terms of your contract and the company's policies. Exempt status does not negate the agreed-upon salary terms unless the employment agreement specifies otherwise.

You should carefully examine your contract for any clauses that address variations in work hours and their impact on your salary. If you are unsure, it would be advisable to consult with an attorney to assess your particular situation and the enforceability of the terms of your employment.

Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: You are an at will employee unless you have an agreement to the contrary about that status with the employer. The employer of an at will employee can change the terms and conditions of the employment at any time and for any reason or even no reason at all. An offer letter for an at will employee is only a piece of paper that can be unilaterally changed by the employer.

More information needs to be known before anyone can give you advice upon which you can rely. It would be wise for you to consult with an experienced employment law attorney to determine your rights based on your particular circumstances.

Good luck to you.

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