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Flooring Contractors Clifton, Weiss & Associates, Inc. 524 Plymouth Rd., PO Box 639 Gwynedd Valley 19437-0639 Elizabeth Clifton (215) 628-2640 (215) 628-3165 sweiss@cliftonweiss.com 517110 Wired Telecommunications Carriers CMG Fire Protection Engineering, Inc. ... Fetch Full Source

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Employee Law in San Diego, W2 vs. 1099 INC. Legal Business APC Lawyer San Diego

http://inclegalattorneys.com/ Knowing Employee Law is essential to keeping you compliant and protected.

1. What is the difference between an exempt and non-exempt employee?

1. What is the difference between an exempt and non-exempt employee? Correctly classifying your employee's status as either exempt or non-exempt is critical. The rules are extremely technical and confusing. Recent large class action lawsuits involving millions of dollars have made this a very public, and expensive, issue. Some examples - Farmers Insurance was hit with a $90 million judgment; Pacific Bell settled for $35 million, Radio Shack settled for $30 million; Rite-Aid Corporation settled for $25 million; Bank of America settled for $22 million, Starbucks settled for $18 million; and Perdue Farms settled for $10 million.

"In general, NON-EXEMPT employees must be paid according to California minimum wage and overtime laws, but EXEMPT employees do not."

Currently under California law, you must pay a non-exempt employee 1 1/2 times regular pay for every hour worked over 8 hours in one day or for every hour over 40 hours worked in one week and double for each hour over 12 hours per day. In addition, if an employee works 7 consecutive days, he or she must be paid 1 1/2 times the usual rate of pay for the first 8 hours, and double-time for any hours over 8. The 7th consecutive day law applies regardless of how many hours an employee worked in the preceding six days.

An exempt employee can be treated as non-exempt, as long as they are paid consistent with the non-exempt status. The reverse is NOT true. You CANNOT treat a non-exempt employee as exempt. {/slide}

2. How do I know if an employee is exempt or non-exempt?

Often employers use job titles to make that determination. Big mistake. To California's Division of Labor Standards and Enforcement (DLSE), titles such as "manager" are meaningless. Call them what you will, it's the employee's duties that count.

There are numerous classifications but the three most common exempt categories are Executive, Administrative or Professional. Their definitions are very specific and not necessarily what you would expect. In addition, monthly salary requirements apply, currently set at $2,340.00 per month. Salary does not have to be paid for weeks in which an employee does no work, but if that causes the employee's monthly salary to fall below the $2,340.00, it will destroy an employee's exempt status.

Here is a quick summary of the duties to look for.

Executive exemption •Is management the employee's primary duty?
•Does he or she direct the work of two or more full-time employees?
•Does the employee have the authority to hire and fire, or make recommendations regarding the employment status of others?
•Does the employee regularly exercise a high degree of independent judgment in their work?
•Is the employee paid at least twice the minimum wage for full time work (40 hours/week)?
•Does the employee devote no more than 20% of his or her time to non-managerial functions?

Administrative exemption •Is the employee's primary duty office or other non-manual work related to the organization's management policies or business operations?
•Does the employee assist an executive, perform technical work, or undertake special assignments?
•Is the employee paid at least twice the minimum wage for full time work (40 hours/week)?
•Does the employee devote no more than 20% of his or her time to non-administrative functions?

. What is "at-will" employment?

"At-will" employment means that an individual's employment continues only as long as either you or the employee wants it to. The employee is able to quit at any time, with or without notice. As for the employer, you can fire an "at-will" employee at any time, for any reason or for no reason at all.

There are certain exceptions. If an "at-will" employee is fired in violation of public policy, you will be liable for the employee's damages and possibly punitive damages. What
Disclaimer: The information contained on this page is intended only as general information and you must not rely upon it as specific legal advice for your situation. For your specific question, please consult with us or another attorney of your choice.

Inc. Legal APC
701 Palomar Airport Road #300, Carlsbad, CA 92011
(760) 436-3420 ‎
inclegalattorneys.com

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Resilient flooring. urethane or epoxy compounds which are applied in liquid form to provide a completely seamless floor covering. ...