Legal Question in Employment Law in California

New State Minimum Wage Law

I need clarification on the new California State minimum wage law. I believe the number is SB60? Can an employer hire someone on a salary basis and clasify them as exempt vs hourly non-emempt even though that job is less than 40 hours per week and a compensation amount of less than $28080? In some instances said employee may have to work more hours in order to complete the job required but they would only be compensated based on the contract set up which would be based on less hours.


Asked on 5/15/03, 7:48 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: New State Minimum Wage Law

Under California law, to be legally regarded as exempt, an employee must meet the enumerated tests, which usually means that more than half the work week the employee is engaged in administrative, executive or professional duties and is being paid no less than two times the state minimum wage in effect at the time, for full-time employment. It does not matter what the employer chooses to label the employee.

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Answered on 5/19/03, 11:30 pm


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