Can non exempt employees in California work at home w o exempt supervision on site? Employers Forum

Table of Content

• What are my rights as an employee in California?
• What can I do if my employer misclassifies me?
• Waiting Time Penalties
• The White Collar Duties Requirement☍ Click to Copy a Link to This Chapter
• The Discretion and Independent Judgment Requirement☍ Click to Copy a Link to This Chapter
• How many hours can a salaried exempt employee be forced to work in California?
• What Policies Should Your Employer Disclose?
• Exempt and Non-Exempt Employees in California

As 2022 begins, all employees must understand their rights and how the most recent employment laws affect their employment. Double the employee's regular rate of pay for work in excess of 12 hours per day and any work in excess of eight on those days worked beyond the regularly scheduled number of workdays established by the agreement. The magazine requires people in Tessa’s position to sell at least 100 ads per year.

And if an employer plans to monitor employees’ use of its equipment, that should be clearly communicated, he added. One key takeaway for all timekeeping policies is that employees must be paid for all hours worked, even if they worked those hours in violation of the policy. For example, if an employee works overtime without authorization, the employee can be disciplined for violating a policy requiring authorization, but must nevertheless be paid for those overtime hours at the applicable overtime rate.

What are my rights as an employee in California?

At the federal level, a non-exempt employee is one that must be paid overtime wages. They are generally referred to as hourly employees or salaried employees, although paying an employee a salary does not automatically convert them into a non-exempt worker. Generally speaking, the federal rule states that hourly employees shall be paid a wage of 1.5 times their regular rate for all work performed over forty hours, within a given time frame. Exempt employees in California generally must earn a minimum monthly salary of no less than two times the state minimum wage for full time employment. Simply paying an employee a salary does not make them exempt, nor does it change any requirements for compliance with wage and hour laws. Some of the most significant class action lawsuits have been the result of an employer's misclassification of nonexempt employees as though they were exempt from California overtime.

For example, if an employee previously worked for their employer in a New York office, there was little question that New York's employment laws applied to that employee. If that same employee now works from his/her New Jersey home, a host of New Jersey laws may now be applicable to that employee. This could include New Jersey's anti-discrimination, whistleblower, wage and hour, sick pay and leave entitlement laws. This can become especially complicated if, for example, the states have different minimum wage or salary exemption thresholds, as New York and New Jersey do.

What can I do if my employer misclassifies me?

The employee must “plainly and unmistakably” meet the standard required for the exemption.⁠91 Otherwise, the employee should be classified as nonexempt. The rest of this article explains these requirements in greater detail, as well as what happens when employers fail to property classify their employees under California Law. Clark Employment Law, APC, has years of experience representing clients in a wide range of employment law cases in California.

If employee works more than 16 hours in a workday, must be paid two times employee's regular rate of pay for all such excess hours. Employees should discuss their options with their employers. There may be paid sick leave or other paid leave that is available to employees.

Waiting Time Penalties

If you work more than 40 hours in a week, you have to be paid overtime. Salaried employees are exempt from overtime pay requirements if they have a salary of more than $450 per week. If you are an employee in California, and have been denied your overtime pay, you should contact a California employment lawyer immediately. An experienced and local employment law attorney can protect your rights and ensure you are being paid fairly and correctly. An attorney can also help you determine your best course of legal action, and represent you in court as needed, should any disputes arise over nonexempt or exempt statuses.

Most employees, including exempt employees, are entitled to an unpaid, 30-minute lunch break if they work more than 5 hours a day. If an employee works 10 or more hours in a day, they are allowed to have another meal break. To satisfy the minimum salary requirement, employers must pay employees on a salary basis rather than an hourly basis. A full-time employee must also receive a salary that is at least twice the California minimum wage. The main con against nonexempt employees working at home is the requirement that the employer pay them for all time worked.

Unless you agree to any reduction in pay, your employer can’t cut your pay. Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. Employers should also make sure that managers are well-trained on these policies and expectations to ensure proper oversight and enforcement of the company's policies. Attorney Analysis from Westlaw Today, a part of Thomson Reuters. Without hesitation I am giving a 5 out of 5 stars to Theo Khachaturian.

Some types of jobs, however, are exempt from these requirements. An exempt employee is someone whose job is not subject to one or more sets of wage and hour laws. Employees who don’t work overtime or breaks are not eligible. The minimum wage must be doubled for exempt employees if they work more than 40 hours a week. An employer can require an employee to work more than 40 hours per week without overtime pay if they are an exempt employee.

The Discretion and Independent Judgment Requirement☍ Click to Copy a Link to This Chapter

Many employees across California have return to the office, but many are remaining remote despite the lifting of statewide COVID-19 restrictions. Other considerations regarding telecommuting include workers’ compensation and trade secrets. “Employers should also have clear policies regarding timely reporting of workers’ compensation injuries, as well as policies to protect the company’s trade secrets and confidential information,” Devitt explained.

Of course, that figure has swelled since the arrival of COVID-19 and new workplace policies and procedures, which prompted the WHD to clarify the issue of tracking employee hours worked from home. Officials reminded employers that all hours worked, even those “not requested but suffered or permitted,” must be paid. DOL provided guidance for tracking hours and complying with the FLSA. If an employee is forced to work overtime against his will, it will be considered forced labor. Basic working hours are included in your contract, so over time is any work over them.

If you believe your employer has violated your rights, discriminated against you, or illegally taken advantage of your work-from-home status, we can help. Contact us today to schedule a consultation with our team. If an employee’s child cannot attend a school or a childcare center due to closure for reasons related to COVID-19 can also claim paid sick leave.

Commission payments constitute more than half of the employee’s total compensation. Secretaries, store clerks, bookkeepers, and lead operators on production lines cannot be classified as administrative employees because they do not help run the business. It is therefore important to carefully determine whether an employee meets all requirements of the test. These job-specific exemptions have their own tests (distinct from the three-part test mentioned above). Each job-specific exemption is discussed in their own section below. Use this worksheet to help evaluate the exempt or nonexempt status for your sales staff.