Simply paying an employee a salary does not make them exempt nor does it change any requirements for compliance with wage and hour laws. Your salary must be at least equal to california s minimum wage.
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Conversely employees who earn below this amount are designated non exempt.
Salary non exempt california. In 2020 an employee in your situation is usually entitled to a minimum wage of at least 12 00 13 00 per hour plus overtime if you work more than 8 hours in a day or 40 hours in a week. Salaried employees can be either exempt or non exempt. The calculation is straightforward for non exempt employees paid only an hourly wage.
Non exempt employees are required to make at least minimum wage. Non exempt employees in california are given certain rights including minimum wage overtime and breaks. 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.
Under both federal and california law a non exempt employee s overtime pay is based on his regular rate of pay if an employee is paid by the hour determining his regular rate of pay is relatively easy unless the employee has received bonuses or gifts. As a non exempt employee salaried employees who work over the maximum number of hours should be paid based on california overtime laws. California law generally requires the payment of overtime to non exempt employees for hours worked over 8 in one workday and over 40 in one workweek and on the 7th day of the workweek.
This does not make that employee exempt. For 2020 employees must earn a minimum or 684 per week or 35 568 per year to have exempt status. Employers that misclassify a non exempt employee as exempt engage in wage theft by depriving the misclassified employee of the minimum and overtime wages meal and rest breaks and other privileges of california law afforded to non exempt employees.
Non exempt salaried workers must report and be paid for their overtime hours. Employers are obligated by california law to provide all non exempt employees with the requisite minimum wage overtime pay and off duty meal and rest breaks. Sometimes a company will put employees on salary to facilitate their payroll processes or for other reasons.
Because you are a non exempt employee your minimum salary depends on the number of hours you work during each pay period. According to the department of industrial relations for the state of california the minimum wage is 12 an hour for employers with 25 employees or less and 13 an hour for employers with 26 employees or more. For employees working a full time job at 40 hours per week the minimum salary should be no less than 480 00 per week or 24 960 per year.
Nonexempt employees in california have a right to be paid overtime wages when they work more than eight hours in a workday 40 hours in a work week or seven consecutive days 93 when employers misclassify their employees as exempt they often fail to pay the employee overtime wages.
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