Salaried Means Exempt, Right? - Deciphering the Myths Surrounding Employee Classification

Learning Objectives

• To explore the terms, exempt, non-exempt, and salary basis.
• To define the requirements under the FLSA regulations that are used to classify workers as exempt as per California state policy.
• To explore each category of exempt employee and the job duties requirements that must be met as per California state rules.
• To identify the requirements that must be met to properly pay an exempt employee on a salary basis as per California state law.

Course Description

Employment law in California can be steeped in myth among the general public, especially when it comes to how employees should be compensated for overtime. As a consequence, not everyone is fully aware of their right to earn overtime. Some may even believe incorrect myths about it to the extent that they are owed unpaid overtime compensation and aren’t even aware of it.

There are so many myths and misconceptions about overtime wages in California, and it is time to set the record straight with the help of this CPE course by Cynthia Flynn.

A high salary doesn’t automatically make an employee exempt in California, and neither does a fancy job title. California and federal rules on classifying an employee as exempt are complicated and often misunderstood. But this doesn’t change that an employee's status as either exempt or non-exempt is a critical issue for employers. One that employers must get right to avoid significant liability.

In this CPE webinar, we will review the general rules for classifying employees, both at the federal level as well as in California. In addition, we will provide an overview of certain requirements that apply specifically to exempt employees in California.

Classification mistakes are highly litigated and extremely costly for employers, because an incorrectly classified employee may be owed back-pay nightmare, interest, penalties for failing to pay all wages/overtime as well as payment of attorney fees in pursuing the claim.

In this practical CPE course, we will be discussing the details of exempt and non-exempt employees and how each classification may impact you and your organization in California State by covering the following major topics as per California state policy:

• Employee Classification
• Specific Exemptions
• Timekeeping Practices
• Recent Legal Updates
• Top Five Mistakes Employers Make in Classifying Employees

Overview

• Employee classification

  3 mins
• Executive exemption

  17 mins
• Administrative exemption

  21 mins
• Professional exemption

  26 mins
• Outside salesperson exemption

  33 mins
• Five most common mistakes

  47 mins