Legal Question in Employment Law in California
salaried employees
Does an employer have to pay a full time salaried employee a minimum amount per week? In other words, does the pay have to at least equal that of minimum wagge based on a 40 hour work week?
3 Answers from Attorneys
Re: salaried employees
Yes. You can't use a salary to avoid paying the minimum wage. You also can't classify someone a "manager" if that person does not perform the duties of a manager, for the purpose of not paying overtime. For example, a restaurant manager who waits on tables, runs the register, etc. for more than half his work-day might be entitled to overtime pay even though his employer calls him a manager.
Re: salaried employees
Assuming you are properly classified as an exempt employee (not always a safe assumption) the law requires employers to pay no less than twice the current minimum wage, or the employer may lose the exemption status and be required to pay overtime premiums.
Re: salaried employees
Yes, as you can see from the other responses. If you're not receiving it, either resolve it through discussions with the employer, now that you know the rules, or feel free to contact me to help in filing and pursuing a claim through the Labor Commissioner if they refuse to pay the back wages due you. The Labor Commissioner would also award interest and penalties if you have to go that route. If others are also being shorted, join forces and contact me.
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