California Wage

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Title: California Wage

1
California Wage Hour Law feel the pain now,
or later?

2
Feel the Pain Later?

3
USDOL Helping

public awareness campaign to educate workers
under Fair Labor Standards Act (FLSA)
Plan/Prevent/Protect launched in 2010 to
promote a safe, secure and equitable workplace
for all employees
DOL-Timesheet App launched to record hours,
breaks, OT

4
California v. Federal Law

5
CA v. FLSA

where California statutory, regulatory or case
law are more employee-favorable than FLSA,
California rules apply
out of state employees working in the state are
covered by Californias wage and hour rules
Sullivan v. Oracle Corporation

6
Californias Rules

7
Exempt v. Non-Exempt
8
Pay for hours worked

Hours worked means the time during which an
employee is subject to the control of the
employer, including all time the employee is
suffered or permitted to work, whether or not the
employee is required to do so.
(DLSE Manual, 46.1)

9
Paycycles

Pay days at least twice a month
- by the 26th for work performed from the 1st
through the 15th
- by the 10th of the next month for work
performed from the 16th through the end of the
month
Exempt at least once a month
- by the 26th for work performed the entire
month

10
Overtime Pay

Hours worked in excess of 8 hours in a day, 40
hours in a workweek, or any time worked on a 7th
consecutive day in workweek
1 ½ x regular hourly rate any work over 8
hours, up to 12 hours and for first 8 hours on
7th workday in workweek
2x regular hourly rate any work in excess of 12
hours and for any work in excess of 8 hours on
7th workday in a workweek
OT only available for actual hours worked except
for rest breaks

11
Meal and Rest Breaks

Meal Breaks
Provide 30 minutes or more, duty-free, unpaid, if
employee works more than 5 hours (can be waived
if employee works no more than 6 hours)
Another 30 minutes if work more than 10 hours
Rest Breaks
10 minutes for every 4 hours worked, paid
Additional time to express breast milk, unpaid

12
Exempt Employees

Paid for their work, not for their time
Full weekly salary must be paid for any workweek
in which any work is performed (with limited
exceptions)
The amount of time they put in can be evaluated
as a performance issue, but you cannot condition
pay on keeping an 8-hour schedule requiring a
set schedule can jeopardize the exemption

13
Exempt? What does the employee actually do?

duties test employees may be classified as
exempt if they spend more than 50 of their time
performing job duties that fall within the
exemption
salary test most exemptions require employees be
paid at least a certain amount

14
Executive Exemption

management of the enterprise or a division and
supervise 2 employees and
authority to hire and fire, or suggest and be
taken seriously and
customarily and regularly exercise discretion and
independent judgment and
more than 50 of time doing above and
salary at least twice minimum wage for forty hour
workweek, i.e., 2,774 per month or 33,280 per
year.

15
Administrative Exemption

office or non-manual work that relates to
management policies or business operations and
customarily and regularly exercise discretion and
independent judgment and
operates under only general supervision or
directly assists proprietor or other exempt
employee and
more than 50 of time doing above and
salary is at least 2 times minimum wage.

16
Professional Exemption

licensed or certified by California AND primarily
engaged in the practice of a Recognized
Profession, OR
primarily engaged in an occupation recognized as
a learned or artistic profession
customarily and regularly exercise discretion and
independent judgment and
salary is at least 2 times minimum wage.

17
Who is a Professional?