Typical Issues for Employers of Exempt Employees in California

(March 26, 2021) *The contents of this webinar are current as of the date of recording.

moderated by:
Erika Frank
General Counsel
Executive Vice President, Legal Affairs

featured panelists:

Von A. Boyenger
Senior Deputy Labor Commissioner
California Labor Commissioner's Office

Max Norris
Staff Attorney
California Labor Commissioner's Office

Please note: During the discussion about the exempt salary basis test (at 12:00 of the recording), it was suggested that the minimum salary threshold for an exempt employee is two times the local minimum wage. This is not correct. Section 515(a) of the California Labor Code and Section 1 of the IWC Orders specifically require that the threshold salary for determining the executive, administrative and professional exemptions is “two times the state minimum wage” in WCA and BOFE cases applying the salary test for the exemption. It would, therefore, be improper to calculate that threshold based on the local minimum wage rate. This does not mean that the local minimum wage cannot be used as the regular rate of pay where there is an overtime violation for non-exempt employees.

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