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California employment laws divide employees into two main categories: exempt employees and freelancers. This distinction can be important because exempt workers have more rights in the workplace than non-exempt employees.
What Does Minimum Salary Requirement Mean
Employers generally prefer to classify employees as exempt. However, for this, several requirements must be met first. Most importantly for this article, the employee must usually be paid the minimum wage
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To make things easier, we've created the following calculator for employees to check the minimum wage an employee is generally entitled to under California law.
This calculator does not include employees in exceptional circumstances, such as doctors, outside salespeople, or computer specialists, who may be eligible for a different minimum wage rate.
However, this calculator provides a simplified version of California law and should not be relied upon as legal advice. There are many exceptions and caveats to the minimum wage requirement. The laws that apply to California's minimum wage are explained in more detail below.
Some or all of these legal protections, as well as related laws.
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If all three requirements are met, the employee is generally classified as "exempt" from overtime, minimum wage, and rest requirements (but not meal break requirements).
Employees Hourly employees are generally not exempt.9 (Although there are a number of occupation-based exemptions that apply to certain types of hourly employees, such as contract workers, outside salespeople, and computer specialists.)
For this purpose, it is a fixed minimum wage that is paid regardless of the hours worked or the volume or quality of work performed.10 Employees who are paid an hourly wage cannot be classified as exempt employees, even if their work be done. It mainly covers job duties that are otherwise exempt.
Wages that depend on the number of working hours, without a minimum guarantee, are considered hourly wages and do not meet the requirements for exemption.11.
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For this purpose, "full-time employment" is defined as 40 hours per week.13 And the term "monthly salary" refers to the amount of salary per month, not the frequency of payments -- most employees. They have the right to receive twice a month 14
In 2022, people who work for an employer with 25 or fewer employees will be entitled to at least $14 an hour. Individuals who work for an employer with more than 25 employees are entitled to a minimum wage of at least $15 per hour.15.
These numbers are calculated by doubling the minimum wage, multiplying by 40 hours per week, which is then multiplied by 52 weeks and divided by 12 months. This calculation gives us a monthly salary equal to twice the minimum government wage for a full-time job.17
Through 2023. This means that the minimum wage for exempt workers in California will also increase annually.
Minimum Wage In The United States
For more information on California's minimum wage, please read our article: A Guide to California's Minimum Wage Laws in 2022 and Beyond.
Under federal law, establishing an employee's rights as a disciplinary action may invalidate an employer's classification of an employee as exempt.18.
However, in California, "cut" payment as a disciplinary measure should never occur. Wages for disciplinary reasons are contrary to California policy, which requires an employer to pay an employee's entire wages without deductions, except as permitted by law.19.
On the other hand, the anchoring of wages for full days of work due to disciplinary suspension does not result in the loss of exempt status, provided that the remaining wages of the month in which it was withheld does not reduce the monthly wages. Required for freelancer status.20
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When calculating an employee's wages for purposes of verifying the wages of exempt employees, the employer is allowed to keep any unpaid vacation or personal days the employee has. due to non-performance
Full of work, the employee cannot be classified as free. Fixing an employee's wages for an absence of less than one full day is treating the employee as an hourly employee, not a salaried employee.22.
Requiring exempt employees to use annual leave or vacation time while absent from work, even if it is only part of a day, generally does not affect the employee's exempt status. Payment for a partial absence from work requires the employer to treat the employee as severance pay.
The above discussion focuses on three employees who are typically exempt (professionals, executives, and managers). However, there are a small number of other occupations that are exempt from some or all of California's labor laws. The minimum wage, among other conditions, may vary from the general exemption test above. A few common exemptions are discussed below.
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Employees who are paid on a commission basis are sometimes exempt from California's overtime pay laws. To receive this benefit, the following conditions must be met:
The payment is the salary that the employee is entitled to as a result of the sale. In the commission contract, the amount of the employee's compensation depends on the amount or value of the sold item.25
A discretionary payment that an employer may pay or withhold, such as a bonus
The application of this exemption is limited. Interns and medical assistants are not eligible. Also, doctors are not covered by certain types of collective agreements 29
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Exemptions are described above, but some private school teachers are exempt even if they don't meet these conditions. Instead, they are exempted if:
Some truck drivers are exempt from California overtime laws (but not other job rights, such as meal breaks or minimum wage).
Union employees are sometimes exempt from California overtime laws.44 To qualify for the exemption, employees must be employed under a collective bargaining agreement that clearly sets wages, hours, and working conditions.
The collective agreement should also stipulate the bonus rate for all overtime hours and the regular hourly rate of not less than 30 percent of the minimum state wage.46.
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Issued by the California Industrial Welfare Commission.47 The Wage Ordinances, in addition to the laws listed above, adopt several exceptions to California's overtime laws that apply to workers in certain industries or occupations. Jobs that are subject to special overtime rules are:
Labor Code, § 512, par. (A); Cal. Code of Laws, title. 8, §§ 11010–11170 [Wages of the California Industrial Protection Commission].↥
For example, Cal. Code rules, title. 8, § 11010, par. 3 [Overtime], 4 [Minimum Wage], 5 [Reporting Time Wage] and 12 [Rest Period]. Section 1(a) of this wage order provides that subsections 3 to 12 "shall not apply to persons employed in administrative, managerial or professional positions". California's wage ordinances contain similar exemptions for most occupations.↥
Labor Code, § 515, par. (a) ["The Industrial Supply Commission may establish exemptions from the requirement to pay overtime compensation under sections 510 and 511 for managerial, administrative, and professional employees if the employee is principally engaged in qualifying duties." In the release test, he usually and regularly decides to be competent and independent in the performance of these tasks, and receives a salary for permanent work in the amount of at least twice the state indicators."].
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Labor Code, § 515, par. (a) [requiring employees to exercise "normal and regular necessity and independent judgment in the performance" of their job duties].
29 C.F.R. § 541.600(a) [“To qualify as an exempt executive, administrative, or professional employee under section 13(a)(1) of the Act, the employee must be compensated on a salary basis at a rate of at least $455 per week. (or $380 per week if employed in American Samoa by employers other than the federal government), exclusive of food, lodging and other facilities expenses. Also Cal. Code of Laws, Title 8, § 11040 [for each class Exempted, the employee must receive "a monthly salary equal to at least two (2) times the state minimum wage for full-time employment."↥
(2013) 216 Cal.App.4th 392, 397 ["Wage is generally understood as a regular rate of pay as distinguished from hourly wages."]; 29 C.F.R. § 541.602(a) [''An employee shall be considered ``salaried'' under this section if the employee regularly receives, in each pay period of one week or less regularly, a predetermined amount that includes all. or a part of the employee's remuneration, which cannot be reduced due to the difference in quality and size
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