California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Thanks for your help. To tell you the truth i am not sure if she must be paid hourly under CA law. If she is part time employee, must she be paid by the hour or can she just be paid a lump some every two weeks at an agreed amount for 20 hours a week??
If so, and she works more than 20 hours per week as a given - are we at risk?
What is the easist fix, as she is very friendly.
I hope you found my answer helpful; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.
Thank you. Just one more thing.
My understanding is to be a salaried employee in Calif. (meaning exempt - no overtime)
one condition is they must be paid at LEASt twice the minimum wage. or in CA $8 x 40hrs x 52 weeks = $33,000 or so.
So would another way to deal with this be to make her salaried at the above wage and not worry about number of hours?
Otherwise if I understand correctly, we need to codify the details of her compensation with the following details:
1) number of hours a week
2) $ per hour
3) job description
4) Is there any sick/vacation agreements?
Please remember to press the ACCEPT button even if you have a subscription plan so I will be credited for my time by Justanswer.com. If you do not press ACCEPT, the website retains your payment and I receive nothing. A Bonus is always appreciated. Thanks again.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).