Vacation Policy Exempt Employees
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vacation policy exempt employees
Would a salaried registered dental assistant be considered exempt from overtime payment under ca. labor laws?
I believe my wife is being taken advantage of by her employer. She is a registered dental assistant in california. She is supposedly paid a salary. However, she is docked or has to use vacation time for every hour she misses. This would make her non-exempt. However, she is scheduled to work three 8 1/4 hour days and one 4 1/4 day per week. She gets paid no overtime after eight hours.
Her boss says she gets paid a salary, therefore her semi-monthly checks are for 58 total hours worked. Even though some pay periods have extra days in them, she doesn’t get paid for them. If she were to miss one of these extra days, however, she would be docked for the hours missed – even if she has already worked the 58 hours that pay period.
I know that what I’ve written so far would make her a non-exempt salaried employee, because of his pay policies. I would like to find out if the position she holds is normally considered exempt under the professional exemption in the ca. labor laws.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
ZEITGEIST: MOVING FORWARD | OFFICIAL RELEASE | 2011