Tag: exempt

Our thoughts are with those in Houston and surrounding areas who are affected by the devastation of Harvey. With the area torn apart by flooding and the closure of roads, schools, and airports, some residents may find returning to work in the near future difficult. Harvey signals the beginning of storm season in the country….

Question: Are salaried employees entitled to be paid time and a half if they work on a holiday? If they take a day or week off can we deduct that pay? Answer: Salaried exempt employees are entitled to their full weekly salary when they work any hours in the work week. Being paid on a…

Question: What is the difference between exempt and nonexempt classifications and what are the requirements to classify a job as exempt? Answer: The federal Fair Labor Standards Act (FLSA) sets the requirements for defining exempt and nonexempt employees. Understanding the distinction between exempt and nonexempt employees is critical, as this is a highly litigated subject….

Question: Can a California employer make a partial day deduction from an exempt employee’s paid time off benefits? Answer: Although California employers cannot dock an exempt employee’s salary for a partial day absence from work, employers may deduct from the employee’s accrued vacation or PTO for the time he or she was absent, in any increment, without jeopardizing the…

Question: Do the upcoming California minimum wage changes apply to exempt commissioned sales people? Answer: Exempt outside sales people are not required to meet the minimum salary requirements in place for other exemptions. However, if an employer employs exempt inside sales people earning less than 1.5 times the current minimum wage when base and commission…

Question: Can we change our hourly employees to salaried? If so, what is the minimum pay for salaried employees in California? Answer: An employer may pay employees who were previously paid an hourly wage a fixed salary and retain the nonexempt classification, but should be aware of laws surrounding overtime and meal/break requirements ensuring they…

Question: Can a computer professional work part-time and still be exempt? Answer: Yes. Whether an employee is considered full-time or part-time does not change the application of the FLSA. A part-time job may be classified as exempt under the FLSA and state laws provided the position meets all of the requirements under the applicable classification…

Question: Is an employer obligated to maintain an annual salary for an employee if a position is changed from exempt to non-exempt after being hired? Answer: Provided there is no collective bargaining agreement setting the rates of pay and pay schedules or no employment contract in place expressly obligating certain levels of compensation or benefits for…