4 ms·
Asking employers if employees are exempt or not is the likely cause. A common mistake employers make is assuming that if you are paid a salary, you are exempt.
by tarr11 9y ago
Asking employers if employees are exempt or not is the likely cause. A common mistake employers make is assuming that if you are paid a salary, you are exempt.
In truth, if your salary is below 47k in CA, you are not exempt and entitled to overtime.
https://www.calchamber.com/california-employment-law/pages/exempt-nonexempt-employees.aspx https://www.calchamber.com/california-employment-law/pages/e...
"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. Paying an employee a salary does not make them exempt, nor does it change any requirements for compliance with wage and hour laws."
- ajdlinux 9y agoThat's a mistake that I would hope an HR systems business would be able to avoid when it comes to their own employees...
- thephyber 9y agoAnd if the HR outsourcing company that is based in CA doesn't know about that regulation, how is a mom-and-pop shop expected to know about it? "You had one job..." </meme>
- joatmon-snoo 9y agoIf you write software in CA, the threshold is actually ~$88k[2] as of Jan 1, 2017 (the threshold is updated annually in accordance with a consumer price index). [1] See section 515.5, https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=2.&title=&part=2.&chapter=1.&article= https://leginfo.legislature.ca.gov/faces/codes_displayText.x... [2] https://www.dir.ca.gov/oprl/ComputerSoftware.pdf https://www.dir.ca.gov/oprl/ComputerSoftware.pdf
- rjeli 9y agoDoes this mean if one were to make less, overtime has to be paid, even if the work is voluntary? Thinking of employees at early stage startups
- joatmon-snoo 9y agoYep. Caveats apply and consult a lawyer who knows the labor code, but yep.
- Steeeve 9y agoTell that to the school districts.
- baldfat 9y agoTeachers make way more then $42k in California. Teachers make over $80,000 on average and even get overtime pay. Now I think teachers should make this amount but just saying they are above this. Here is a school picked at random. http://transparentcalifornia.com/salaries/2014/school-districts/imperial/brawley-elementary-school-district/ http://transparentcalifornia.com/salaries/2014/school-distri...