Legal Question in Employment Law in California

I have a question in regards to being a salaried exempt employee and what that actually means.

What needs to be met for the state of CA to be considered fully expempt?

I am currently employed at a Call Center and is one of the Floor Supervisors. My rate of pay per hour is $18.

Also, are employers able to deduct your bi weekly pay if you work only half a day for a scheduled shift?

Thank you for your time.


Asked on 8/06/16, 10:49 am

1 Answer from Attorneys

Just from what you have said, your employer is in violation of two key rules for making an employee exempt. 1. And exempt employee must be paid a salary that is at least 2x the minimum wage. That means unless your salary works out to at least $160/day, you are not exempt. And that goes up next year, and every year after until the minimum wage reaches $15/hr, at which point you will have to be paid a salary that works out to at least $240/day to remain exempt. 2. The smallest unit of pay/deduction must be a full day. Therefore if you work any part of a day, you must be paid for that day in full at the rate your salary works out to per day. There are other requirements that must be met as well, but I think these two violations are all you really need to know at this point.

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Answered on 8/06/16, 12:50 pm


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