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Joseph
Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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I am an employer. If I have a salaried employee are the certified

Customer Question

I am an employer. If I have a salaried employee are the certified payrolls exempted? Are the benefits exempted? And must he be paid a certain amount to qualify for salary as a union employee?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
What do you mean by payrolls and benefits being 'exempted'? Do you mean whether they should be included in the employee's salary to determine whether he is exempt or not?
Customer: replied 1 year ago.

Specifically - does a salaried employee have to have certified payrolls submitted for the work he does on each prevailing wage project he works on - or is that "required"? Because an hourly wage earner on a prevailing wage job must have Certified Payrolls submitted for their work on state or federal work.. (scale). If he is placed on a salary are those CP's still required?


 


And as for Union Benefits - do we continue to pay as usual? because they are calculated (usually) by the hour. If we are not tracking hours due to "salary" we will not have that time to calculate.


 


And is a "salaried" employee - does that salary need to quantify a minimum of the usual "40" hour equivalent of his usual "hourly rate".


He gets Journeyman rate now. If he works 40 hours a week @ $40 per hr. it amounts to $1600. - so if we go salary will that be the minimum he can get or can we pay a monthly salary of our own choice - say $1000. per week (for instance). I hope its more clear this time.


Thanks

Expert:  Joseph replied 1 year ago.

Unfortunately, even if you were to make this worker 'salaried,' he would be a non-exempt salaried employee, as a journeyman.

This means that there would be no advantage to having him work as a salaried employee, since as a union member, you would still be obliated to pay him at least $40 an hour, for $1600 a week. However, as a non-exempt employee, you would still be requried to pay him overtime for all hours worked in excess of 8 in a day or 40 during a week.

Likewise, as an employee, he'd still have to have certified payroll submitted for his work, and would still be entitled to union benefits at the same rate as hourly employees.

This would be different if you were going to change the employee's position to a management position, since then he could be appropriately classified as an exempt salaried employee, and would not be entitled to overtime.

In other words, you couldn't get around the union agreement rules (including journeymen wages, certified payroll (for scale projects), and benefits) or overtime regulations by paying the employee salary, who does the same work as an hourly journeymen.

 

Howvert if you were planning on promoting him to a manager (so he'd be a salaried exempt employee), you could work out a separate arrangement with him.

To read more about the classifications for exemptions, especially the administrative exemption, see here:

http://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm

Joseph, Lawyer
Satisfied Customers: 5049
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Sorry... just one final question... the employee is my son. If he were a partner or company executive - would that make any difference? I appreciate your advice. We are a sole proprietor now - but may become LLC or perhaps partner.

Expert:  Joseph replied 1 year ago.
Yes, if he were a partner or company executive, or did anything 'managerial' the could be put on salary as an exempt employee, since he would meet the executive or managerial exemption.

Happy to help!

Thanks and best of luck!

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