| 4 Simple Criteria of Salaried Employees | | | | behalf of plenteous employees. California Overtime |
| • One who regularly receives a predetermined | | | | cases normally involve aggressive individual |
| compensation award each pay period (weekly or | | | | disputes and class action lawsuits. A noted |
| less frequent). | | | | California Labor Attorney comments, “The |
| • A salaried employee’s compensation | | | | scales of justice are tipped in favor of the |
| can’t be decreased due to variations in | | | | California employee when it comes to protections |
| quality or quantity of work performed. | | | | under the labor code. Employers are required to |
| • Must be paid the full salary for any week in | | | | prove that an employee is exempt from |
| which the employee performs work. | | | | overtime when a legal dispute arises.” |
| • Doesn’t fall within exceptions to the | | | | A Valuable Formula for Calculating Overtime Pay |
| rule, like “safe harbor defense”, | | | | Overtime is based on your regular rate of pay, |
| “fee basis test” or is in an excluded | | | | which is the compensation normally earned for |
| type of job. | | | | the work performed. A worker who is salaried, |
| Plenty of these rights under California Labor Law | | | | the normal rate is calculated as follows: |
| Overtime depend on whether an employee is | | | | • Multiply the monthly gross wages by 12 |
| salaried or hourly. This of course includes whether | | | | months to get annual salary. |
| an employee can receive overtime pay, | | | | • Divide the annual salary by 52 weeks to get |
| computation of FMLA leave, or whether the | | | | weekly salary. |
| employer can make specific deductions made | | | | • Divide the weekly salary by number of legal |
| from a commission. California Overtime has many | | | | maximum hours—40—to get hourly |
| exceptions to the salary basis text. There is much | | | | rate. |
| to analyze in the overtime law Department of | | | | Hourly and salary rates for overtime employees |
| Labor’s changes to its regulations made in | | | | are computed based on an employee’s |
| 2004. | | | | annual rate of basic pay. This includes any |
| California Overtime Law has many litigators | | | | applicable special rate supplement or even locality |
| representing employees in disputes against their | | | | payment. Rates must be rounded to the nearest |
| employers in regard to California labor laws. If an | | | | cent, counting ½ cent and over as the next |
| employer has broken any overtime law in | | | | higher cent. Overtime pay is usually calculated as |
| California, California labor law attorneys can assist | | | | hourly rate x ½ or double the hourly rate. |
| a salaried employee. An employment attorney | | | | Salary rates can be broken down to hourly rates |
| should be experienced and have had numerous | | | | to pay employees overtime pay. |
| trials, appeals, arbitrations and have litigated on | | | | |