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California Exempt Employees: What you need to know

The overtime, alternative workweek, and makeup time provisions of California law do not apply to persons employed in administrative, executive, or professional capacities.
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To qualify for the administrative exemption, an employee must pass the salary and duties tests.
In order to qualify as an exempt administrative employee in California in 2016, the employee must earn $800 per week, $3,466.67 per month, or $41,600 annually to qualify for exemption.
An employee must pass a three-part duties test to qualify for the administrative exemption in California:
1. He or she performs either:
(a) Office or nonmanual work directly related to management policies or general business operations of his or her employer or his or her employer's customers; or
(b) Functions in the administration of a school system, in an educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training.
2. He or she must customarily and regularly exercise discretion and independent judgment.
3. An exempt administrative employee must either:
(a) Regularly and directly assist a proprietor or an employee employed in a bona fide executive or administrative capacity;
(b) Perform under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or
(c) Execute special assignments and tasks under only general supervision.
Administrative v. production work. An area of confusion for workers is determining whether work is administrative or production work. Production work is nonexempt. The courts have in the past referred to this distinction as the ...

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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