If I put an employee on salary, are they exempt from overtime?

Not necessarily. Paying an employee a salary does not, by itself, make the employee exempt from overtime.

Nonexempt salaried employees are still entitled to overtime, and employers must track all hours worked. A salaried employee is exempt only if they meet all exemption requirements.

To qualify as exempt under California and federal law, the employee must:

• Primarily be engaged in exempt duties that meet the exemption;
• Meet California’s strict duties test; and
• Earn a salary of at least twice the applicable statewide minimum wage for full-time work.