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Employee Rights Advocates

Common Questions About the Rights of Salaried Employee Rights in California

Common Questions About the Rights of Salaried Employee Rights in California

California has several laws in place to protect the rights of salaried employees. These laws cover a wide range of topics, including minimum wage, overtime pay, meal and rest breaks, and discrimination.

It is important for salaried employees to be aware of their rights so that they can protect themselves from being taken advantage of by their employers. If you have any questions about your rights as a salaried employee in California, please consult with a lawyer.

What are the Basic Rights of Salaried Employees in California?

Salaried employees in California, whether exempt or non-exempt, are entitled to certain fundamental rights under state labor laws:

Minimum Wage

All employees, including salaried ones, must receive at least the minimum wage established by California law. As of 2024, the minimum wage in California is $15.50 per hour. This means that even salaried employees must earn a minimum weekly or monthly amount that equates to at least the minimum hourly rate for the hours they work.

Overtime Pay (Non-Exempt Employees)

Non-exempt salaried employees have the right to overtime pay if they work over 40 hours in a week or over 8 hours in a day. Overtime pay is typically 1.5 times their regular rate of pay. This ensures that even salaried employees are compensated for additional hours worked beyond the standard workweek.

Meal and Rest Breaks

California law mandates meal and rest breaks for employees, including salaried workers. After working for a certain number of hours, employees are entitled to a 30-minute unpaid meal break and paid 10-minute rest breaks. These breaks are essential for employee well-being and are protected under state law.

Protection Against Discrimination and Harassment

Salaried employees are shielded from discrimination based on protected characteristics like race, gender, age, religion, disability, and sexual orientation. They also have the right to a workplace free from harassment, creating a safe and inclusive work environment.

Sick Leave

California’s paid sick leave law applies to all employees, including salaried workers. Employees accrue paid sick leave based on their hours worked and can use it for their own illness or to care for a family member.

Other Leaves

Salaried employees might also be entitled to other leaves like family leave, pregnancy disability leave, and bereavement leave, depending on the specific circumstances and the employer’s policies.

Can Employers Deduct Wages from Salaried Employees in California?

California law strictly regulates the circumstances under which employers can deduct wages from salaried employees. Understanding these regulations is crucial for both employers and employees to ensure fair compensation practices.

California Labor Code Section 224 outlines permissible deductions from salaried employees’ wages. These deductions generally fall under the following categories:

  • Deductions mandated by federal, or state law are allowed, such as taxes, social security contributions, and court-ordered wage garnishments.
  • Deductions for specific purposes, like health insurance premiums or retirement plan contributions, are permissible if the employee provides written authorization.
  • Employers can deduct losses or damages incurred by the employee in the course of employment, but only if these are directly attributable to the employee’s willful or dishonest conduct. This includes situations like cash shortages caused by the employee’s negligence.

California law explicitly prohibits certain deductions from salaried employees’ wages. These include:

  • Employers cannot deduct losses resulting from ordinary business operations or circumstances beyond the employee’s control.
  • Deductions for accidental breakage or cash shortages are not allowed unless the employee acted dishonestly or with gross negligence.
  • Employers cannot deduct the cost of uniforms or equipment required for the job unless these costs bring the employee’s earnings below the minimum wage.

If you are a salaried employee in California and believe your employer has made improper deductions from your wages, consult with a lawyer for California salaried employee laws. They can assess your situation, explain your rights, and help you take appropriate legal action if necessary.

Know your rights as a salaried employee in California. If you have concerns about your pay or deductions, consult with a lawyer today.

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