Minimum Wage Increases for 2019

Most people know the minimum wage increases in California on January 1st. Employers with 26 or more employees must pay at least $12.00 per hour. Employers with fewer employees must pay at least $11.00 per hour. Other workers must also receive increased pay for the new year.

Minimum Salary for “White Collar” Exemptions

Most employees in California are entitled to overtime pay unless the employees meet one or more exemptions. Most exemptions require the employee to receive a salary equal to two times the state’s minimum wage. Since California’s minimum wage increases on January 1st, so did the minimum salary for most exempt employees.  

Employees covered by the administrative, executive, and/or professional exemptions must receive a salary of at least $49,920 per year if the employer has more than 26 employees. If the employer has 25 or fewer employees, the employees must receive at least $45,760 per year. for employers with 25 or fewer employees. Keep in mind, the salary test is only part of the exemption requirement. The employee must also spend most of his/her time performing exempt work.

Exempt Software Professionals 

Certain software professional may be exempt from California’s overtime requirements if they meet certain qualification. “Software professionals” generally covers many software engineers, programmers, developers, analysts, and others performing software development related work. 

Rather than the typical “Two Times Minimum Wage Salary Requirement” applicable to most exemptions, software workers have a higher minimum salary requirement and can be paid an hourly wage. The DIR increases the minimum payment every year based on the California Consumer Price Index.

Effective January 1, 2019, the new minimum wage increases for an exempt computer software professional from $90,790.07 to $94,603.25 per year (from $7,565.85 to $7,883.62 per month). The minimum hourly rate increases from $43.58 to $45.41. 

As with the white collar exemptions, paying the correct amount is only part of the battle. Employers must also ensure the employee’s duties are appropriate for the computer software professional exemption.

Original article by Robert E. Nuddleman of Nuddleman Law Firm, P.C.

Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law. We cannot answer questions about specific situations or provide legal advice over the Internet. If you desire legal advice, you should contact an attorney.

Using this blog does not create an attorney-client relationship between you and Nuddleman Law Firm, P.C. Using the Internet or this blog to communicate with the firm does not establish an attorney-client relationship. Do not post confidential or time-sensitive information in this blog. The Nuddleman Law Firm, P.C. cannot guarantee the confidentiality of anything posted on this blog.

The Nuddleman Law Firm, P.C. represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Pleasanton, Oakland, San Ramon, Hayward, Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.

Fall 2018 New Employment Laws – Part 5 – Safety Issues

Fall 2018 New Employment Laws – Part 5

2018 has closed and 2019 has begun. This is our final recap of new employment laws in California. The Legislature expanded human trafficking awareness training for certain classes of employers and made changes to workplace health and safety requirements. Employers and employees should ensure they are up to date with these new employment laws.

New Employment Laws Regarding Human Trafficking Awareness

Two new laws require employers to train certain employees who might come into contact with victims of human trafficking or receive reports about such activity. AB 2034 requires “intercity passenger rail or light rail stations” and “bus stations,” to provide at least 20 minutes of training about human trafficking to employees who might interact with victims or receive reports of such activity. Training must include the definition of different types of trafficking, common misconceptions, warning signs, and how to report trafficking. This requirement applies to new and existing employees.

SB 970 is similar, but applies to hotels and motels. It is important to note that existing law requires many businesses, including airports, ERs, rest areas, job recruitment centers, and truck stops, to post notices that include human trafficking hotline and aid organization information.

New Employment Laws Regarding Workplace Health and Safety

AB 2334 changes the amount of time employers are required to keep injury and illness records. This law requires businesses to maintain records for five years. This is in response to recent federal regulatory changes, and more state actions may come in the new year. Another law has little immediate impact on employers but might be a sign of future shifts in the regulatory landscape.

SB 1113 creates a committee to create voluntary standards for workplace mental health. While this framework remains entirely optional for the time being, it signals a new focus on ensuring protections for employees’ mental health in addition to their physical health on the job.

As always, contact our offices with any questions about employment law or if you are in need of legal services. Happy New Year!

Provided by the Nuddleman Law Firm, P.C.

Written by J.T. Keane and edited by Robert E. Nuddleman

Feel free to suggest topics for the blog. We are happy to consider topics pertaining to general points of Labor and Employment Law. We cannot answer questions about specific situations or provide legal advice over the Internet. If you desire legal advice, you should contact an attorney.

Using this blog does not create an attorney-client relationship between you and Nuddleman Law Firm, P.C. Using the Internet or this blog to communicate with the firm does not establish an attorney-client relationship. Do not post confidential or time-sensitive information in this blog. The Nuddleman Law Firm, P.C. cannot guarantee the confidentiality of anything posted on this blog.

The Nuddleman Law Firm, P.C. represents employers and employees in a wide range of employment law matters. Much of his practice focuses on wage and hour issues, such as unpaid overtime, meal and rest break violations, designing or enforcing commission plans, and other wage-related claims. He also advises employers on how to avoid harassment and wrongful termination claims and represents employees who have been victims of unlawful discrimination, retaliation or harassment. The Nuddleman Law Firm, P.C. helps employers develop good employment policies, and helps employers and employees with disability accommodation issues.

The Nuddleman Law Firm, P.C. represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Pleasanton, Oakland, San Ramon, Hayward, Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.