Can we change our hourly employ­ees to salaried? If so, what is the min­i­mum pay for salaried employ­ees in California?

An employ­er may pay employ­ees who were pre­vi­ous­ly paid an hourly wage a fixed salary and retain the nonex­empt clas­si­fi­ca­tion, but should be aware of laws sur­round­ing over­time and meal/break require­ments ensur­ing they are not in vio­la­tion of the Fair Labor Stan­dards Act (FLSA). It is pos­si­ble to pay nonex­empt (hourly) employ­ees on a salary basis and some employ­ers choose to do so for ease of pay­roll admin­is­tra­tion. How­ev­er, this does not release the employ­er from an oblig­a­tion to pay one and one-half times the equiv­a­lent hourly wage for any hours over eight in one work­day (in Cal­i­for­nia) or over 40 hours in one work­week. Even if you pay nonex­empt employ­ees a salary you must still pay them over­time for any qual­i­fy­ing hours.

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