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In recent years, the California legal process has allowed a sizeable volume of wage and hour based class action lawsuits to be certified, costing California businesses millions of dollars.
Many of the disputes stem from the improper classification of non–exempt employees as exempt. In California, there are various exempt categories including, sales, managerial and administrative.
An Exempt employee must:
✓ Spend at least half of his or her time performing exempt functions related to the particular exemption
✓ Be paid a salary that is not subject to docking except under specific circumstances
If these requirements are not met, the exemption does not apply. Violation of wage and hour laws may result in actual damages and other penalties, including costly fines and plaintiff’s attorney’s fees, which in some cases can outpace actual damages.
Our firm can advise your company on wage and hour issues, job classifications, work schedules, and wage and hour practices to ensure you are in full compliance and avoid costly violations. We can also evaluate job categories to ensure they meet the criteria for exempt status and help to determine the employment classification of particular individual employees.