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First time poster, minimum salery question CA California

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  • First time poster, minimum salery question CA California

    Hi all I am new to the forums and have a question regarding what the minimum salery wage is in California. To my knowledge in California it can be no less than two times the minimum wage which is currently 8 dollars an hour. Is this correct? And if so is the company taking advantage of me if I am being paid under that. Not to mention that I do not receive overtime and work over 40 hours a week. I'm not looking to start any lawsuit or anything I'm just curious as to what my rights are and if I'm being paid fairly.

  • #2
    To start off, let's just verify - are you a non exempt or exempt employee? Are you
    paid hourly or salaried?

    What is your job title & duties? What type of business do you work for? (not actual
    name of employer)

    Thanks.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Originally posted by Betty3 View Post
      To start off, let's just verify - are you a non exempt or exempt employee? Are you
      paid hourly or salaried?

      What is your job title & duties? What type of business do you work for? (not actual
      name of employer)

      Thanks.
      Hi thanks for the response I am a salaried employee, I'm not really sure if I am exempt or not but I do not receive overtime.. I am a supervisor and am involved in post production of photography. Printing, color ext. I follow procedures that were put in place before I began. I am by no means a professional.

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      • #4
        How many "full time equivelant" employees report to you?
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Originally posted by DAW View Post
          How many "full time equivelant" employees report to you?
          2 hourly employees

          Comment


          • #6
            OK.
            - "Salaried" is just a payment method and does not mean much by itself. The key is the Exempt status. If an employee in CA is non-exempt and salaried, then the employee must be paid MW and OT. If instead the employee in CA is Exempt and required to be paid on a salaried basis, then that is where the "twice MW rule for the salary" rule comes from.
            - Paying an employee a salary does not make them exempt. Rather some exempt employee must be paid on a salaried basis.
            - Any employee can be non-exempt. Any non-exempt employee can be paid a salary. (Salary by itself is basically nothing). HOWEVER, there are something like 100 or so Exempt classification defined in the federal FLSA law. The CA CLC law is similar to but not identical to FLSA.
            - Looking at FLSA only, you might be Exempt under the Executive classification. You need to read the following factsheet several times and see if you qualify.
            http://www.dol.gov/whd/regs/complian..._executive.htm
            - Looking at the CA CLC only, the rules are similar but not identical. I find the CA rules less clear then the federal rules. You basically need to download the CA-DLSE manual. CA has a short simple definition, with a whole lot of fine print. I always start with the federal rules here. If the employee is Exempt under the FLSA Executive classification, they are probably also Exempt under the CLC Executive classification. Assuming that the higher $640/week CLC salary limit is followed. And "generally" is not the same thing as "always". CA has a number of court and administrative decisions that do not always follow the federal lead here.
            http://www.dir.ca.gov/dlse/Manual-Instructions.htm
            - The short version of the CLC definition of Executive can be found here:
            http://www.dir.ca.gov/dlse/Glossary....ve%20exemption
            Last edited by DAW; 05-31-2011, 11:22 AM.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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