Hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. For most people, that ends up being 1.5 months of pay! This increment may not have much impact on California that already has a higher salary scale. Overtime. See City of Los Angeles, Office of Wage Standards, 29 U.S.C. If you think you have been wrongly denied overtime pay, a reliable employment law attorney from United Employees Law Group would be glad to help you establish your rights and options. 4. (“(k)(1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. Payday Requirements. In January of 2020, Megan’s employer compensates Megan based on a 40-hour workweek at $1,000 per week, or $25.00/hour. (C) A system that measures earnings by quantity or quality of production. (“(c) Any employer who violates subdivision (a) or (b) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages.”), Labor Code 1197.5 LC — Wages, Hours and Working Conditions. Shouse Law Group › Labor Law Attorney › Wage and Hour › Salary Laws, Under California employment law, salaried employees can be classified as exempt or non-exempt. Shouse Law Group is here to help you fight back. Under California employment law, salaried employees can be classified as exempt or non-exempt. Employment / Age Certification. A salaried employee should be paid no less than the number of hours worked at the California minimum wage. In 2020, Toni’s weekly salary should be no less than $480.00 (40 x 12.00 = 480). To determine whether an employee is exempt or non-exempt will depend on the kind of job the employee does, how much the employee receives, and how the employee is paid. Successful wage and hour class action lawsuits often involve equal pay violations, failure to properly classify employees, or failure to pay overtime. . Subject to the California labor law, businesses face great penalties should they decide to strike back at salaried employees who pursue their lawful wages and other compensations. However, an exemption is based on the actual job functions, as defined by California labor law. (C) A system that measures earnings by quantity or quality of production. Exempt workers may include unionized workers in some industries, white-collar employees and independent contractors. Exempt salaried employees in California generally work in an executive, administrative or... Nonexempt Salaried Employees. Example: Megan is a non-exempt employee working at a bar with 10 total employees. (“(1)(A)(1)(f) Such an employee must also earn a monthly salary equivalent to no less than two (2) times the state minimum wage for full-time employment. Megan’s employer cannot retaliate against Megan by reducing her salary because inquiring about salary is protected by the Equal Pay Act in California. Toni should be compensated at no less than one and one-half (1 ½) times the California minimum wage for those 4 hours worked over the 40-hour workweek maximum. Effective from January 1, 2020, California labor law requires employers with at least 26 employees to pay $1,040 every week or $54, 080 per annum. Subject to California labor law, the general employment rule is that overtime pay is due for every work that exceeds 8 hours a day and 40 hours in a week. However, if you work in California, you must be paid the higher state minimum wage. However, nonexempt salary workers are eligible for at least 10 minutes uninterrupted, unpaid rest break for every 4-hour work shift. You are also agreeing to our terms of service & privacy policy. Can my employer pay men and women different salaries? Likewise, nonexempt workers may receive a predetermined salary, but it should be equal to the federal minimum wage or the state minimum wage, whichever one is higher. 218 — Relation to other laws. In order to qualify as an exempt employee in California, the employee must meet the following tests: As of January 1, 2020, the minimum annual salary to qualify for an exempt employee would be $54,080 (Double the state minimum wage $13.00/hour for employers with 26 or more employees is $26.00/hour x 40 hours/week x 52 weeks = $54,080). Labor Code Sections 201 and 227.3 A group of employees who are laid off by reason of the termination of seasonal employment in the curing, canning, or drying of any variety of perishable fruit, fish or vegetables, must be paid within 72 hours after the layoff. 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