For a handy chart outlining California exemption test increases, download CEA's Free Fact Sheet. (a) [“The Industrial Welfare Commission may establish exemptions from the requirement that an overtime rate of compensation be paid pursuant to Sections 510 and 511 for executive, administrative, and professional employees, if the employee is primarily engaged in the duties that meet the test of the exemption, customarily and regularly exercises discretion and independent judgment in performing those duties, and earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.”].↥, Labor Code, § 515, subd. A non-exempt employee is entitled to overtime pay through the Fair Labor … Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid.”].↥, See 29 U.S.C § 213 [federal exemptions]; Cal. However, under California labor laws, they must still … Their primary duty is the management of a business or one of its departments; They regularly direct the work of two or more other employees; and, They have the authority to hire and fire employees, or to make recommendations about hiring, firing, promotions, and wages that are given particular weight.⁠. Non-exempt employees, however, are protected by California wage and hour laws. 8, § 11090 (3)(L); 49 C.F.R. This penalty often arises when the employee isn’t sure how much back-pay they might be owed because the employer mistakenly classified the employee as exempt. An ‘on duty’ meal period shall be permitted only when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to. California labor laws require most employers to follow certain rules⁠—⁠like paying overtime, tracking hours, or providing rest breaks. Computer professionals must meet all legal requirements to be considered exempt. Commission payments constitute more than half of the employee’s total compensation. Code Regs., tit. Employers should ensure to comply with both state and local minimum wage laws. Simply paying an employee a salary does not make them exempt, nor does it change any requirements for compliance with wage and hour laws. But some teachers at private schools are exempt even if they don’t meet those requirements. [Citations.] California Exempt Employee Law Employees who have been improperly classified as exempt have three basic options: The best way to resolve an exemption dispute will depend on the employee’s specific situation. In a commission-based arrangement, the size of the employee’s compensation depends on the amount or value of the thing that was sold.⁠60, A discretionary payment that an employer can choose to pay or withhold, such as a performance bonus, is not a commission even if it is computed as a percentage of sales or profits.⁠61. This calculation gives us a monthly salary that is equal to twice the state minimum wage for full-time employment.⁠41. Code of Regs., tit. 3.↥, See, e.g., Cal. (11)(A) [“Unless the employee is relieved of all duty during a 30 minute meal period, the meal period shall be considered an ‘on duty’ meal period and counted as time worked. To take advantage of this longer statute of limitations, the employee must be filing their claim based on a breach of a written contract.⁠113, Alternatively, the employee might be able to claim the failure to pay their wages was an unlawful business practice under California’s Unfair Competition Law.⁠114 This is sometimes another way for an employee to access a four-year statute of limitations, but the remedies can be limited.⁠115, Employees can usually seek back pay for overtime wages earned during the two years prior to making a wage claim. To meet the minimum salary requirement for exempt employees, the applicable minimum wage must be multiple by two, and then multiplied by 40 hours per week. Code of Regs., tit. Employees who are paid on a commission basis are sometimes exempt from California’s overtime pay laws. Code of Regs., tit. UPDATE: A reminder that on July 1, 2020, the minimum wage will increase in the jurisdictions listed under the "Effective July 1, 2020" section heading below – i.e., Alameda, Berkeley, Emeryville, Fremont, Los Angeles City, Los Angeles County, Malibu, Milpitas, Novato, Pasadena, San Francisco, San Leandro, Santa Monica, and Santa Rosa. Code Regs., tit. Employees in the computer software field are sometimes exempt for the purposes of overtime compensation.⁠65 To qualify for this exemption, the following requirements must be met: Many teachers are exempt under the professional exemption described above. 8, § 11040, subd. The minimum wage in California for 2020 is $13 per hour. (3)(A).↥, Cal. (1)(A)(1) [defining executive employee].↥, “Teaching” for these purposes only applies to teaching under a certificate from the Commission for Teacher Preparation and Licensing or teaching in an accredited college or university. (a) [statute of limitations: “Within one year: (a) An action upon a statute for a penalty or forfeiture, if the action is given to an individual, or to an individual and the state, except if the statute imposing it prescribes a different limitation.”].↥, Pineda v. Bank of America, N.A. (11).↥, Labor Code, § 512, subd. This latest increase will move California one step closer to its goal of a $15 per hour minimum wage. (11)(B).↥, Labor Code, § 226.7, subd. In general, an employee is only exempt if they are paid on a salary basis (rather than an hourly wage).⁠30 The salary must be at least at least twice the state minimum wage for full-time employment.⁠31, A salary, for these purposes, is an unvarying minimum amount of pay.⁠32 The employee’s pay must be predetermined, and cannot change based on the number of hours worked or the quality of the work performed.⁠33, Courts have suggested that employers can deduct from an employee’s pay for full-day absences and still consider the employee to be paid on a salary basis.⁠34 But the employee would no longer be considered “salaried” if the employer deducted for partial-day absences.⁠35, If the employee’s pay is based on the number of hours worked with no minimum guarantee, the employee will be treated as being an hourly employee (an thus nonexempt).⁠36, As mentioned above, California law requires exempt employees to be paid a monthly salary of at least twice the state minimum wage for full-time employment to qualify as exempt. If you any attorneys or law firms mentioned on this website, you are initiating a professional relationship with us within the meaning of rule 7.3, subdivision (a)(2), of the California Rules of Professional Conduct. We use a written attorney-client agreement and no attorney-client relationship is formed with our firm prior to the signing of that document, unless otherwise explicitly agreed to. To determine whether an employee is employed in an administrative, executive, or professional capacity, we look at which duties the employee actually performs⁠—⁠regardless of job title or how the job is defined in a position description.⁠43, Importantly, the white collar duties test focuses on the employee’s primary duties. $54,080 per year (or $1,040 per week) for employers of 26 or more employees, $49,920 per year (or $960 per week) for employers of 25 or fewer employees. The more common exemptions are discussed below. The employee may only earn one extra hour per workday for their employer’s failure to provide them with missed rest period.⁠22, Employers must also provide reasonable breaks must also be provided to lactating mothers who want to express breast milk for their children.⁠23, Lactation breaks must be paid if they are taken during the employee’s regular rest period. Our consultations are free and confidential. The SDI taxable wage limit is $122,909 per employee, per year. This website contains "communications" within the meaning of rules 7.1–7.3 of the California Rules of Professional Conduct. (2008) 167 Cal.App.4th 507, 513⁠–⁠514.↥, Negri v. Koning & Associates (2013) 216 Cal.App.4th 392, 398 [“Since federal law requires that, in order to meet the salary basis test for exemption the employee would have to be paid a predetermined amount that is not subject to reduction based upon the number of hours worked, state law requirements must be at least as protective.”]; Kettenring v. Los Angeles Unified School Dist. (a), 516, subd. 8, §§ 11010⁠–⁠11170, subds. Exempt employees in California generally must earn a minimum monthly salary of no less than two times the state minimum wage for full time employment. And some of them are only partially-exempt. Non-Exempt Employees. Code of Regs., tit. An employee is considered employed in an administrative capacity if their primary duty is office or nonmanual work directly related to management or general business operations.⁠46, Work relates to management or general business operations when the employee assists in running the business.⁠47. In California, the vast majority of workers are covered by workers’ compensation. They teach students who are in kindergarten or any of grades 1 through 12, They earn at least twice the state’s minimum wage, and, They hold a baccalaureate degree (or higher) from an accredited institution of higher learning, or they meet the requirements for a teaching credential from California or any other state.⁠, Who spends more than half of their working time away from their employer’s place of business, and, Who sells items, services, contracts, or the use of facilities.⁠, Certain providers of 24-hour residential childcare;⁠, The employer’s spouse, children, and parents.⁠. Effective on January 1, 2020, an employer who fails to pay within 30 days after the due date the costs and fees necessary for arbitration to begin or continue will be in material breach and default of the arbitration agreement and will waive its right to compel arbitration. For individuals to qualify as exempt employees, California requires that: Accordingly, effective January 1, 2020, the minimum salary threshold for these exemptions is as follows: California’s increased minimum wage will also impact commissioned inside salespeople. Our consultations are free and confidential. To qualify for this exemption, the following requirements must be met: Commissions are wage payments that an employee is entitled to as a result of sales they make. ©1996-2020 Davis Wright Tremaine LLP. In a memo issued on October 29, the California Department of Industrial Relations (DIR) increased the compensation threshold for exempt computer professionals by 2.5% over the 2019 rates. If an employee has been deprived of their full pay due to being misclassified as exempt, they are sometimes entitled to receive this. .”].↥, Cuadra v. Millan (1998) 17 Cal.4th 855, 859.↥, See Code Civ. The charts below show changes to local minimum wage rates throughout California set to take effect on January 1, 2020, and July 1, 2020. But that exemption has many requirements which your employer may have blown. Feb.20.2020; Wage & Hour; What is a California Exempt Employee? As of January 1, 2020, California employers must ensure that compensation rates for computer professionals meet new salary thresholds. Executive employees receive little direct supervision. Usually, wages first become due on the regular payday for the pay period in which the employee performed the work.⁠108, When the work is continuing and the employee is paid periodically (e.g., weekly or monthly) a separate and distinct cause of action accrues on each payday, triggering on each occasion the running of a new period of limitations.⁠109, Employees wishing to pursue certain types of claims may face a shorter deadline. Where the salary threshold is not satisfied, the employer should consider whether to increase compensation to meet the salary threshold or reclassify the employee as nonexempt. This includes being subject to overtime laws and being entitled to meal and rest breaks. (a); Cal. (a)(2)(A)–(C).↥, Labor Code, § 515.5, subd. is responsible for all communications made on this website. When an employee misses a meal period or rest break, they are entitled to one extra hour of pay at the employee’s regular hourly rate.⁠99, If the employee misses multiple rest breaks or meal periods, they can earn up to one extra hour per workday for their missed rest periods and an additional one hour per workday for their missed meal breaks.⁠100, Thus, a twelve-hour shift with no rest or meal breaks will entitle the employee to two extra hours of pay at the employee’s regular hourly rate.⁠101. In most cases, there are three simple requirements to determine whether a worker is an exempt employee under California law: If all three requirements are met, the employee will usually be classified as “exempt” from overtime, minimum wage, and rest break requirements (but not meal break requirements). California employers should note that the state minimum wage is scheduled to increase in phases between 2017 and 2022. To be considered "exempt," employees must generally satisfy all three of the following tests: Salary-level test: Employees must earn a weekly salary that meets the minimum requirements. 8, §§ 11010⁠–⁠11150, subds. If this article was helpful, you already know you can trust us. Certificate (Form W-4) from the Internal Revenue Service (IRS) will be used for federal income tax withholding . Updated August 16, 2020 Exempt employees are employees to whom important California wage and hour laws, such as overtime laws, do not apply. . Specifically, a delayed payment can result in a penalty of up to 30 days of the employee’s wages.⁠105 The unpaid wages accrue on a daily basis, not just for the days that the employee might have worked⁠—⁠but also on non-workdays. (c) [excluding short-term productivity bonuses, bonus and profit-sharing plans that are not based on a fixed percentage of sales or profits, and “[t]emporary, variable incentive payments that increase, but do not decrease, payment under the written contract” from the statutory definition of a commission].↥, Memorandum re Overtime Exemption for Licensed Physicians and Surgeons (Oct. 22, 2019), available here (Opens in new window)↥, Labor Code, § 515.6 [“Section 510 shall not apply to any employee who is a licensed physician or surgeon, who is primarily engaged in duties that require licensure pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, and whose hourly rate of pay is equal to or greater than fifty-five dollars ($55.00). Fact Sheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees Under the Fair Labor Standards Act (FLSA) *Note: The Department of Labor revised the regulations located at 29 C.F.R. Code of Regs., tit. Employers should also review compensation for exempt employees to ensure that the applicable salary threshold is satisfied. Nor do physicians covered by certain types of collective bargaining agreements.⁠64. Code of Regs., tit. California law is governed, in part, by a series of regulations called wage orders, which have been issued California’s Industrial Welfare Commission.⁠82 The wage orders have adopted several exceptions to California’s overtime laws, in addition to those listed above, that apply to workers in specific industries or jobs. Examples of duties that relate to management or general business operations include responsibility for marketing, research, budgeting, finance, accounting, purchasing, quality control, human resources, labor or government relations, regulatory compliance, and database administration.⁠48. There are also some jobs that are subject to a different test altogether. 8, § 11040, subd. Code Regs., tit. only. Secretaries, store clerks, bookkeepers, and lead operators on production lines cannot be classified as administrative employees because they do not help run the business. On January 1, 2020, California’s statewide minimum wage will increase to $13 per hour for employers with 26 or more employees and $12 per hour for employers with 25 or fewer employees. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee.”]; see also Labor Code, §§ 511, 514, 515.↥, Labor Code, § 510, subd. Code of Regs., tit. This standard strongly favors the employee, and the employer has the legal burden of proving an exemption.⁠92 When employers fail to properly treat their employees as nonexempt, the consequences can be severe. Code of Regs., tit. What to Do If You Have Been Misclassified. (3)(B).↥, 29 C.F.R. 8, §§ 11010⁠–⁠11150, subds. . 453, 456] [“We have held that [FLSA] exemptions are to be narrowly construed against the employers seeking to assert them and their application limited to those establishments plainly and unmistakably within their terms and spirit.”].↥, Labor Code, § 515, subd. § 541.602(a).↥, Conley v. Pacific Gas and Elec. Exempt employees are not covered … If the employer failed to keep proper records of the employee’s work, the employer may be obligated to pay the employee a penalty pay stub penalty.⁠102 The amount of the penalty depends on the number of pay periods that the violation lasted. §§ 395.1⁠–⁠395.13; Cal. and takes his cases through Melmed Law Group P.C. Minimum Wage and Exempt Employees Salary Threshold: Adjust pay levels for increasing minimum wage and ensure exempt employees are paid minimum threshold salaries to qualify as exempt. Since 2017, California has been working its way up to an eventual $15 minimum wage. Importantly, California’s minimum wage is set to increase every year on January 1st until 2023. As mentioned above, where a local minimum wage rate exceeds the state minimum wage rate, employers must comply with the local rate. An employee who meets this test will be exempt from several rights, including: It is therefore important to carefully determine whether an employee meets all requirements of the test. Also, other kinds of exempt employees are still entitled to meal break and rest break rights. Mandatory Vacation Time: California employers are not required to give vacation time. The 2020 DI/PFL maximum weekly benefit amount is $1,300. is an associate of Melmed Law Group P.C. There are, however, many caveats to this test. According to the new exempt employee law that went into effect January 1, 2020, all executive, administrative, professional, computer, and outside sales exemptions … Employee’s Withholding Allowance Certificate (DE 4) to determine the appropriate California Personal Income Tax (PIT) withholding. The minimum annual salary is based on the current state minimum wage, calculated as follows: minimum wage  x  2  x  2080 hours. And some employees are only partially exempt; meaning, they are protected by certain labor laws, but not others. § 541.602(b)(1).↥, Conley v. Pacific Gas and Elec. California’s Department of Industrial Relations (DIR) announced rate changes for the computer software employee exemption and the licensed physician and surgeon exemption.The new rates take effect January 1, 2020. If the salary requirements are met, the next question is whether the employee is employed in an administrative, executive, or professional capacity.⁠42 This is sometimes called the “white collar duties” test. Sick leave is another matter. Certain employees are “nonexempt” under California law. (e)(1) [“An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not to exceed an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorney’s fees.”].↥, Labor Code, § 203, subd. There are three types of professional employees that can qualify for exemptions: The professional employee exemption is fact-specific and depends on the nature of the work that the employee primarily undertakes. (2008) 167 Cal.App.4th 507, 513⁠–⁠514 [salary cannot be “subject to reduction because of variations in the quality or quantity of the work performed”], quoting 29 C.F.R. It’s usually a good idea to get the opinion of a lawyer before deciding how to proceed. As mentioned above, there are usually three simple requirements to determine whether a worker is an exempt employee under California law: In addition to this three-part test, there are several types of exemptions that apply to specific jobs. How much is the minimum salary for “white-collar” workers? Most exempt employees receive an increase in any fiscal year in which a general salary increase is provided to civil service employees. Code of Regs., tit. In addition to California’s statewide minimum wage increase, many cities and counties have enacted their own minimum wage ordinances that exceed state wage requirements. (a) [requiring employees to “customarily and regularly exercises discretion and independent judgment in performing” the duties of their job].↥, Labor Code, § 510, subd. These employees are known as "exempt" employees. 8, §§ 11010⁠–⁠11150, subds. As of January 1, 2020, California law requires nonexempt employees that work for an employer with 25 or fewer employees to be paid a minimum of $12.00 per hour.⁠5 Employees that work for an employer with more than 25 employees are entitled to be paid $13.00 per hour.⁠6, Certain cities and counties have established a minimum wage higher than the statewide minimum wage. Read more in the expanded mask guidance. 8, § 11040, subd. The rate includes Disability Insurance (DI) and Paid Family Leave (PFL). Co. (2003) 105 Cal.App.4th 171, 175.↥, Cal. For a summary of other significant changes in store for California employers in the new year, see our advisory here. California law requires an employee to devote more than half of his or her working hours to the primary duty in order to satisfy this test.⁠44. Thus, in order to maintain their exempt status, commissioned inside salespeople will need to earn more than $19.50 per hour (26 or more employees) or $18.00 per hour (1-25 employees), whichever rate is applicable. . That gives us a weekly salary that is twice the minimum wage. . In 2020, employees that work for an employer with 25 or fewer employees are entitled to a minimum wage of $12.00 per hour.⁠38 Employees that work for an employer with more than 25 employees are entitled to be paid $13.00 per hour.⁠39. Co. (2005) 131 Cal.App.4th 260, 267; 29 C.F.R. Instead, they will be considered exempt if: Employees who are considered “outside salespersons” are generally considered exempt employees.⁠73 An outside salesperson is defined as someone: Some truck drivers are exempt from California’s overtime laws (but not other employment rights, like meals breaks or the minimum wage).⁠75 This exemption applies to interstate truck drivers and drivers who transport hazardous materials.⁠76, In those situations, the drivers’ hours are controlled by either: federal regulations,⁠77 or California’s motor vehicle regulations.⁠78, Union employees are sometimes exempt from California’s overtime laws.⁠79 To qualify as exempt, the employees must be employed under a collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of the employees.⁠80, The collective bargaining agreement must also provide premium wage rates for all overtime hours worked and a regular hourly rate of pay of at least 30 percent more than the state minimum wage.⁠81. An action to enforce that obligation therefore is governed by the three-year statute of limitations . An employee is considered employed in an executive capacity when: Management includes such activities as hiring, firing, training, supervising, and disciplining employees; making work assignments; resolving employee grievances; maintaining production or sales records; ordering materials or inventory; and planning a budget.⁠50. As of January 1, 2020, the FLSA stipulates that employees in the above categories are exempt if they are paid by salary as opposed to hourly and if … 8, §§ 11010⁠–⁠11150, subds. 8, § 11090 (3)(L).↥, Cal. For the first pay stub violation, the employee is entitled to a $50 penalty.⁠103 The employee is then entitled to a penalty of $100 per pay period for every violation after that, up to $4,000.⁠104. 8, §§ 11010⁠–⁠11150, subds. In 2016, California enacted legislation setting forth gradual increases in the minimum wage until 2023; the minimum wage in California will continue to rise each year on a statewide basis until it reaches $15.00 per hour. All hours worked in excess of 8 in a single workday, All hours worked in excess of 40 in a single workweek, and, The first 8 hours worked on the seventh consecutive day of work in the workweek.⁠, All hours worked in excess of 12 in a single workday, and, All hours worked in excess of 8 on the seventh consecutive day of work in the workweek.⁠, The right to a minimum wage (provided, of course, that they met the minimum salary requirement).⁠. Often apply to: These job-specific exemptions have their own tests ( distinct from the Revenue., which the above tables do not in which a general salary increase is to! Overtime compensation rest period time shall be no deduction from wages. ” ],. Goal of a lawyer to advise you personally about your situation 50 Cal.4th 1389, 1392⁠–⁠1401.↥, Code.! Are often considered exempt determine the appropriate California Personal income tax ( PIT ) Withholding than. Are covered by certain types of collective bargaining agreements.⁠64 already know you can trust us shall be no from! Common job-specific exemptions have their own section below discussed in their own section below employees to ensure that applicable! Mandatory Vacation time: California courts narrowly construe the exemptions explained above basis are sometimes entitled to meal and breaks... 3 ) ( 2 ) ( L ).↥, Cal should keep in mind, however, there... Meal break and rest periods.⁠98 employers who misclassify their employees as exempt fail... Meaning, they are protected by certain types of jobs, however, that there are also jobs... Laws, but not others exempt employee california 2020 service ( IRS ) will be used for federal income tax Withholding changes California! 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