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California Labor Laws
Salaried Employes ::
Help For
Salaried Employees in California
Salaried Employee
Rights: The Salary Basis Test
by
Matthew A. Kaufman, Esq.
A very important labor law issue is whether an
employee is a "salaried" employee. Under California labor
law (and federal law generally), exempt employees must be
salaried. Under the "salary basis test", a salaried employee
has the following characteristics:
Regularly receives a predetermined amount of compensation
each pay period (on a weekly or less frequent basis).
A salaried employee's compensation cannot be reduced because
of variations in the quality or quantity of the work
performed.
Must be paid the full salary for any week in which the
employee performs any work.
Does not fall within the many exceptions to the rule, such
as the "safe harbor defense", the "fee basis test", or is in
an excluded type of work.
Many rights depend upon whether an employee is salaried.
This includes whether an employee can receive overtime pay,
computation of FMLA leave, or whether the employer can make
certain deductions made from a commission.
There are many exceptions to the salary basis text, and
there's much to analyze in the Department of Labor's changes
to its regulations made on August 23, 2004. The summary
above is intended to explain the highlights of the law in
California. It's similar, but not the same as federal
law.
Read more in-dept
definitions for salaried employees HERE.
Harris &
Kaufman Labor Lawyers Can Help You With Salaried Employee
Rights in Ca State
Harris &
Kaufman is a California law firm that's dedicated to
representing employees in disputes against their employers
to do with the California Labor Laws. Our lawyers can assist
you if you believe that your employer has broken the
California Employment Laws.
Our employment attorneys are experienced and have had
numerous trials, arbitrations, and appeals and have
litigated on behalf of thousands of employees.
Harris & Kaufman has represented workers in state and
federal court and in administrative proceedings before the
California Labor Commissioner. Determined and aggressive,
our cases include individual disputes and
class
action lawsuits.
We can assist you with a wide variety of workplace disputes
to do with the California salaried employee rights. We are
aggressive and experienced lawyers and can help enforce your
rights under California state law or state regulations.
Based in Sherman Oaks, California we serve greater Los
Angeles, Orange County, Ventura County and have cases
statewide.
To
email William E. Harris about a claim you may have
Click
Here
Salaried
Employees & Salaried Employee Rights Ca State Page
Summary: Find an article about California
Labor & Employment Laws to do with what constitutes a
salaried employee in California State. This is a basic
summary of California laws for salaried employees. This
article is also a good definition of what a salaried
employee is.
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