Update on California Employment Law

This year saw the hourly rate of California workers rise to $8.00, a rise of over 13% thanks to the recently enacted statutes of California employment law. Because of this California now has the highest hourly rate in the USA.

An added plus is that meal and lodging credits rose by a similar percentage for those workers receiving them from their employers. On the downside, these credits can be included when calculating the minimum wage payable by employers. Bad luck if you are a federal employee who works outside California's state lines. The increases do not apply to you and you remain at $5.

15 per hour. Time to get a job in California! The issue that is receiving most attention at the current time is the payment of overtime. Under California employment law there are two classes of worker - non-exempt and exempt and the inability to know the difference can prove to be expensive A non exempt employee who works overtime will be taxed on that overtime, but an exempt employee, although still taxed, would be eligible for a nice little tax rebate from the IRS. Is there a difference when paying an exempt versus non-exempt worker? Under California employment law, a non-exempt worker is subject to all pay rules set up by the Industrial Welfare Commission - that includes overtime. In other words, a non-exempt employee must be paid all overtime hours worked. Check the California employment law codes to see which category you come under or call your local Department of Labor.

As a rule of thumb, your status as an exempt of non exempt employee if governed by the responsibilities you have or your professional status. Job title or description has nothing to do with it. Examples of exempt employees under California employment law would include licensed professionals such as lawyers, engineers, doctors, certified public accountants and architects.

Managerial staff who are responsible for training, hiring and firing and spend less than 50 percent of their time performing the same duties as their staff also qualify. Two other categories that are considered to be exempt are travelling sales representatives and those who create or formulate business policies for their organizations. Again, if you have any questions about exempt versus non-exempt employees and how to make sure they are paid according to the law, check with the nearest Department of Labor office.

Colin R Cherry writes on a broad va broadriety of subjects. Check out his Employment Guide website. A wealth of Employment La broadw a broadrticles ca broadn be found here.

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