Wage and welfare issues under the Fair Labor Standards Act or FLSA, in particular unrefeasible overtime requirements, can become a big trap for employers who do not comply with this rule. It is important to confirm that records retention and overtime obligations are properly observed. The minimum wage changes every two years. Certain deductions from salaries such as uniforms, tools, product shortages required by the employer are not allowed to lower the wages of employees below the minimum wage. Minimum wages are set in California State and San Francisco. Under FLSA or Fair Labor Standards Act, if you are a non-employed employee and working more than 40 hours a week, you have the right to overtime. The obligation to keep records is particularly strict and it is important to follow.
Unlike FLSA and many other state laws, California requires paying overtime in eight hours a day, not after 40 hours a week.
In California, employees who work 40 hours or more per week have the right to overtime. In addition, the first 8 hours worked on the seventh enforcement grace day of the working week allow overtime work in California employees.
Example: If a California employee works for 10 hours, Monday, Tuesday, Wednesday and Thursday, they are entitled to overtime over 8 hours.
Alternative Work Week: Employers can apply by carefully applying for alternate working weeks in California. Typically, an alternative working week is being implemented to avoid the requirement that overtime be paid for hours worked beyond 8 hours. If all of the following conditions are met, the employee can work for more than 8 hours and can pay the additional fee only with regular wages: the employer proposes a separate separate weekend in writing, the employee We must fully disclose the right to abandon the person. Alternative weekly work must be approved in at least two-thirds secret ballot of affected employees. Another work week does not require more than 10 hours of work per week and may not require more than 40 hours of work per week. Any overtime work between 10 hours and 12 hours beyond the alternative working hours specified in the contract shall be paid in half of normal wages. Outside of 12 hours working hours, you have to pay twice the usual wages.
Record keeping of non-exempted employees: If the employee is a non-exempted employer, it is necessary to keep a detailed time record. The time record must be a clock. A record of that type is considered a fake record if the time record consists of preprinted forms that are displayed to all employees for 8 hours per week. The California Labor Relations Commission can capture that the record of that type is the same as not having any record. This idea is that people generally do not work every day for 8 hours, every day, 221 days.
Both current employees and former employees have the right to access records of payroll and time records. Includes salary details, salary statements, daily or weekly time reports, time cards, salary histories, personnel files.
Employers are obliged to maintain employment records including payroll records showing daily work hours. Employers who are unable to maintain an appropriate record can not rely on employees not having accurate evidence of the time employees worked in order for employees to defeat the lawsuit in order to recover overtime compensation. Employers were burdened to create reliable documents of the exact time the employees worked. If the employer is unable to fulfill this requirement, the court may order return of wages based on employee's testimony.
Are overtime workers exempt from California's overtime and records retention law? Looking at employees, they start with the premise that they are tax free. Next, we will consider whether they meet a specific exemption.
In order to qualify for "white collar" exemption, employees must meet the requirements of "salary" and "obligation".
Payroll test: Employees must earn twice the monthly salary of full-time employee's minimum wage and should not reduce salary due to the variation in the quality and quantity of work being performed.
Salaries and exemptions are not equivalent conditions. Almost all exemption plan employees are paid, but almost all salary employees are tax free. There are few exceptions that a person can become tax free outside of hours. Generally, workers need to earn the same wages in the week to be exempt.
Job inspection: Employees must "engage mainly" in the duties subject to specific exemption. In California, "primarily" means that more than 50% of the employee's working hours must be engaged in duties exempt. In addition, an employee of a lawyer must periodically perform "discretion and independent judgment" in carrying out his duties.
Executive exemption: This applies to "management" employees who regularly supervise at least two full-time employees. They must have the ability to hire or hire other employees or give special weight to their recommendations. They routinely and periodically make discretionary and independent judgments. And they must obey the obligation of exemption more than 50% of the time.
Management exemption: This applies to employees who work or do not work directly related to the employer's management policy or general business operations. They routinely and periodically make discretionary and independent judgments. And they must obey the duty of exemption more than 50% of the time.
Example of administrative exemption: An administrator of a law firm, with the authority to purchase a large number of law offices and to create a policy. And this administrator makes this type of work more than 50% of working time. But let's consider an executive secretary paying high salaries. It is a gatekeeper of the management partner of the company and has many authority in the office and receives important credit. This person spends over 50% of the time to answer typing, calendar, phone. This person is a tax-free employee who does not pass the job inspection and has the right to overtime.
Lessons for Employers: If the employer is requesting an exemption from the executive officer or administrator, confirm that they are engaged in the explained exemption task more than 50%.
Professional exemption: California has two categories of expertise exemption. First of all, employees who are "primarily engaged" in California licensed, practicing law, medicine, dentistry, optometry, architecture, engineering, education, accounting. Secondly, employees who are "mainly engaged" in "learned or artistic occupations" that require advanced knowledge in the scientific field have ingenious and ingenious personality. Work is generally intelligent and changing. Employees periodically and periodically make judgments independent of discretion.
Example: A lawyer in California is licensed and pays a salary but is exempt. However, think that attorneys who have received a license not paid wage change their salary every week depending on the number of hours worked. In addition, this attorney uses your office and needs to be there every day from 9 am to 5 pm. They are given daily work assignments. This person is tax exempted because it has not passed the marginal pay test.
Example: Law clerk of a law firm that does not create a policy of a law office, does not supervise anyone, and is not licensed to execute the law. This person is a tax expert.
Lessons for Employers: Employees are considered to be tax exempt. We may consider workplace activities that are encouraged and may affect promotion decisions. We are planning a wine tasting tour to Livermore at the weekend. Travel is not essential, but we encourage everyone to participate. Participation in corporate sponsored events will be considered when advertising decisions are made. This type of activity means overtime for tax-free employees and the employer is responsible for the proof of claims for unpaid overtime work.
Lessons for employers: paralegals are generally tax exempt. The only exception is paralegal with expertise in areas other than law. For example, paralegal having a master's degree in engineering and using the background of engineering to tackle complicated engineering related legal issues. This person can be tax exempt for the nature of training and complicated engineering related work.
Lessons for employers: people working for free, such as undesirable internships. In this case, the person must do a job that is not beneficial to the employer. In fact, their work must sometimes cause the company to lose money due to the responsibility of the director. In order for an unpaid internship to work, it must be the same as the position provided by the vocational training school. Furthermore, do not remove the position you paid for unpaid internships.
Computer software expert exemption: This exemption applies to high-priced software engineers. There is a minimum salary requirement. Not all computer experts will fulfill this exemption. For example, exemptions do not apply to people in small offices where the problem shoots the computer.
In summary, it is strongly advised that wage and time laws are technological and that employers work with lawyers and observe that they comply with all of wages, hours, meals and break vacations.
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