Co. (2005) 131 Cal.App.4th 260, 267 [“It is undisputed that the combined effect of these provisions of federal law is to preclude employers from docking the pay of an employee for an absence of less than a day (a partial-day absence). Code of Regs., tit. If this article was helpful, you already know you can trust us. When an employee misses a meal period or rest break, they are entitled to one extra hour of pay at the employee’s regular hourly rate.⁠80, If the employee misses multiple rest breaks or meal periods, they can earn up to one extra hour per workday for their missed rest periods and an additional one hour per workday for their missed meal breaks.⁠81, Thus, a twelve-hour shift with no rest or meal breaks will entitle the employee to two extra hours of pay at the employee’s regular hourly rate.⁠82. Code of Regs., tit. In addition, double time is paid for hours over 12 per day and hours over 8 on the seventh consecutive day in a week. 8, §§ 11010⁠–⁠11150, subds. California’s overtime laws are designed to provide protection to employees beyond what is laid out at the federal level. Employees who work overtime are entitled to 1.5 times their normal hourly pay, or “time and a half” for each hour worked over 8 hours per day or 40 hours per week. Code of Regs., tit. Updated August 16, 2020. [Citations.] In general, an employee is only exempt if they are paid on a salary basis (rather than an hourly wage).⁠11 The salary must be at least at least twice the state minimum wage for full-time employment.⁠12, A salary, for these purposes, is an unvarying minimum amount of pay.⁠13 The employee’s pay must be predetermined, and cannot change based on the number of hours worked or the quality of the work performed.⁠14, Courts have suggested that employers can deduct from an employee’s pay for full-day absences and still consider the employee to be paid on a salary basis.⁠15 But the employee would no longer be considered “salaried” if the employer deducted for partial-day absences.⁠16, If the employee’s pay is based on the number of hours worked with no minimum guarantee, the employee will be treated as being an hourly employee (an thus nonexempt).⁠17, As mentioned above, California law requires the employee to be paid a monthly salary of at least twice the state minimum wage for full-time employment to qualify as exempt. Also you must be working on matters that are significant and relate to management policy and/or general operations. Code of Regs., tit. Notice: This domain, its subdomains, and its pages (collectively, this "website"), are the property and creation of , who does business as Work Lawyers. Occupations to which special overtimes rules apply include: In many cases, there are specific legal definitions for these kinds of jobs. Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on FindLaw.com. In simple terms, to fall under the administrative exemption in California you must spend over half of your time working for an owner of a business, or other employee who is exempt from overtime, or with only general supervision. Proc., § 340, subd. (c) [excluding short-term productivity bonuses, bonus and profit-sharing plans that are not based on a fixed percentage of sales or profits, and “[t]emporary, variable incentive payments that increase, but do not decrease, payment under the written contract” from the statutory definition of a commission].↥, Memorandum re Overtime Exemption for Licensed Physicians and Surgeons (Oct. 22, 2019), available here (Opens in new window)↥, Labor Code, § 515.6 [“Section 510 shall not apply to any employee who is a licensed physician or surgeon, who is primarily engaged in duties that require licensure pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, and whose hourly rate of pay is equal to or greater than fifty-five dollars ($55.00). (a)(2)(A)–(C).↥, Labor Code, § 515.5, subd. Importantly, California’s minimum wage is set to increase every year on January 1st until 2023. Medical interns and residents do not qualify. This calculation gives us a monthly salary that is equal to twice the state minimum wage for full-time employment.⁠22. This is the "state" minimum wage. . California law requires an employee to devote more than half of his or her working hours to the primary duty in order to satisfy this test.⁠25. The state's minimum wage is scheduled to increase on January 1, 2021 and varies based on size of the employer. Under California overtime law, workers are entitled to earn 1.5 times their regular wage when they work more than 8 hours a day, unless they fall into one of the California overtime exemptions. Code Regs., tit. There are three types of professional employees that can qualify for exemptions: The professional employee exemption is fact-specific and depends on the nature of the work that the employee primarily undertakes. .”].↥, See Bus. 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