Can You Have A Part-time Exempt Employee In California

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Part-Time, Full-Time Exempt: A California Conundrum

So, you're thinking about hiring a part-time employee who's exempt from overtime. Brave soul. Let's dive into this tangled web of California labor law.

Can You Have A Part-time Exempt Employee In California
Can You Have A Part-time Exempt Employee In California

What Does "Exempt" Even Mean?

Think of exempt employees as the golden children of the workforce. They're paid a fixed salary, regardless of how many hours they clock. No overtime pay, no time-and-a-half whining. Sounds dreamy, right? Well, there's a catch. To be exempt, they must meet certain criteria, like job duties and salary threshold. It's like being a superhero – you gotta have the powers to back up the cape.

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Part-Time Exempt: Can It Be Done?

The short answer is yes, but it's trickier than ordering a double-shot latte. California law doesn't care if your employee works full-time or part-time. If they meet the salary and duties requirements, they're exempt. It's like saying a squirrel can be a part-time astronaut – technically possible, but you might need a really good squirrel suit.

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The Salary Snare

Here's where things get interesting. The salary threshold for exempt employees is higher in California than in the rest of the country. It's like living in a fancy zip code – you gotta pay the price. And guess what? That salary has to be paid weekly, even if your employee works only three days a week. Talk about sticker shock!

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Duties, Duties, Duties

It's not just about the money, honey. Your part-time exempt employee must also meet specific job duties requirements. They need to be in a managerial, administrative, or professional role. Think of it like this: if your employee is spending their time making coffee runs and answering phones, they're probably not exempt.

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The Bottom Line

Having a part-time exempt employee in California is possible, but it’s like trying to fit a square peg in a round hole. It can be done, but it requires careful planning and a deep understanding of labor laws. One misstep, and you could find yourself in a world of hurt.

So, before you dive headfirst into the part-time exempt pool, consider consulting with an employment attorney. They can help you navigate the choppy waters of California labor law and save you from a major headache.

How To...

  • How to calculate the salary threshold for a part-time exempt employee in California: Use the current minimum salary for exempt employees and divide it by the number of weeks in a year.
  • How to determine if a part-time employee qualifies for exempt status: Assess their job duties based on the specific criteria outlined in California labor law.
  • How to avoid wage and hour violations with part-time exempt employees: Stay updated on California labor law changes and consult with an employment attorney.
  • How to document exempt employee status: Maintain clear and detailed records of job duties, salary, and any other relevant information.
  • How to handle overtime pay for misclassified exempt employees: If an employee is mistakenly classified as exempt, you may be liable for unpaid overtime wages, penalties, and attorney's fees.
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Quick References
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ca.govhttps://www.cdss.ca.gov
ca.govhttps://www.calhr.ca.gov
ca.govhttps://www.dmv.ca.gov
calstrs.comhttps://www.calstrs.com
ca-legislature.govhttps://www.ca-legislature.gov

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