ABOUT US
About This Site
Editorial Review Board
Mission Statement
Site Tour
Subscribe
 NEWS & ADVICE
Most Recent Articles
Browse by Topic
Search
Webinars
Online Exclusive
Subscribe To RSS
 RESOURCES
2010 CA Emp Law Update
HR Policies & Forms
Checklists
Special Reports
Required Notices
Ask an Editor
Discussion Forum
Reference Links
Subscription Services
Products
 HELP
Account/Login Help
Contact Us
Privacy Policy
FAQs
Our Guarantee
Text Size
 TESTIMONIALS
Here's what our subscribers are saying ...
"I'm a fan of ERI and the California Employer Advisor. I started subscribing years ago, probably when ERI was initiated. It's my favorite employment publication and have subscribed at each employer and used with HR staff. It's a quick read and gives the core of an issue and is current. I like the lay-out and also subscribe on-line. It's just a quality experience."

J. Logan
Attorney
Director Human Resources
City of Newark, CA

"I appreciate the timely and informative information provided by your excellent newsletter supplemented by your online updates. Keep up the good work."

Steve Ross
Executive VP
The American Consulting Group
Mission Viejo, CA

"I don't want to miss a single issue!"

Marie Walker
CEO
FIBERSET
Mojave, CA

"This is a great thing that you are doing. It helps the layman gain knowledge about California law and current events. Thanks!"

Brett Arenas
Cascade Drilling

"I have recommended California Employer Advisor to my colleagues. It is concise and clear, and the coverage of laws specific to California is easy to read and interpret. This is the only California employment law subscription service I buy."

Barbara J.
Director of Development
History San Jose
San Jose, CA

"I recommend California Employer Advisor. It has a lot of helpful information on ever-changing labor laws. I am just so glad you exist. You make my job alot easier."

Victoria G.
Golden Valley Health Centers
Merced, CA

"The California Employer Advisor is an essential component of up-to-date information that I use in my profession."

Gayle L., HR Manager
Old Fisherman's Grotto
Monterey, CA

"I appreciate the accuracy and timeliness of the information in California Employer Advisor"

Roberta C., CFO
Professional Print & Mail, Inc
Fresno, CA

"Your weekly e-alerts, and additional resources available to subscribers, allow me as an HR Consultant to be at the top of my game. Very informative and timely—making strategic recommendations that much easier!"

Aimee Heller
HR Consultant
North Bay Human Resources Consulting

"I'm writing to say how much I appreciate receiving the weekly e-alert. It goes a long way in keeping me informed about important decisions and HR trends. So thanks!"

Kathy Nesper
a small-business Business Manager
Bellflower, CA

"California Employer Advisor is like an American Express card--you can't do business without it."

Steve Singer
President
OASE Pumps, Inc.


"I have been in HR for 13 years, and California Employer Advisor is the best publication I have ever seen. It's clear, concise, and presents all relevent information on the topic."

Gail Pollard
HR Consultant
Aetna Life & Casualty


"I love your new website! Being able to frame specific questions to someone who could point me in the right direction is worth all the money I pay. I have been a user for at least the last 8 years."

Cynthia Mendez
Director Global Human Resources
BakBone Software, Inc.


"I have recommended California Employer Advisor to several colleagues because the information is timely. It is hard to keep up on everything. It helps me focus on top issues."

Lillian Wekner
HR Specialist
Healthline Systems


"I love the weekly E-Alert! Don't change a thing!"

Kathy Detrick
Human Resource Director
Carroll, Burdick & McDonough LLP


"I like the E-Alert! It's straightforward, succint, a quick yet informative read. Thx."

G. Matthews


"I think the weekly E-Alert is great. It gives short and vital info regarding critical issues. It keeps me updated on the recent changes."

Hermie Montani
Southwire Company


"I like your newsletters. Often I know something is changing before management does. Thank you for keeping me up-to-date. I like being the first to know."

Karen Nelson
Countrywide Home Loans


"I would not miss your weekly E-Alerts. They are very helpful."

Nancy Blair
Administrative Manager
Stinson Stationers, Inc.

"California Employer Advisor helped us prevent a lawsuit by an employee who claimed he should be paid overtime. The newsletter provided very specific information that helped us show the person was actually exempt."

Monique Klarich
Director of Human Resources
DuPuis Design

"I have been in HR for 13 years and this is the best publication I have ever seen. It's clear, concise, and presents all relevant information on the topic."

Gail Pollard
HR Consultant
Aetna Life & Casualty

"...the investment is so small compared to the value of the information provided."

Nancy A. Tillie
Business and Personnel Manager
Clean Seas

"...a quick and informative read...deals directly with reality as opposed to academic theories...focuses on relevant, day-to-day operational concerns."

Lynn Warren
Director of Human Resources
Sherman Oaks Hospital and Health Center

"I turn to California Employer Advisor weekly for answers—it saves me a call to our lawyer. It's my bible"

Melissa Hotell
HR Manager
Davis Lumber & Hardware

"Combines the worlds of law and employee relations into an extremly useful and readable format...practical advice on complex issues...written for the nonlawyer."

Edward T. Gardner
Vice President, Human Resources
Spectra-Physics Lasers, Inc

"Although I use many tools to keep current on the ever-changing legal requirements for California employers, California Employer Advisor is the most valuable. Nowhere else can I get such timely and accurate information in a concise, understandable report! I'm always recommending your newsletter."

Janet Caprario
Finance Director
The Planning Center

Employer Resource Institute
Home | Exempt/Non-Exempt

Exempt/Non-Exempt

Back to Minimum Wage & Overtime
Complete Topic List


Compensation: Nonexempt Employees File Wage and Hour Class Action Against Bank; Tips for Preventing Similar Claims
August 2010
California employees of Bank of America (BofA), one of the nation's largest employers, have joined forces with colleagues from across the country to sue the bank for violations of the Fair Labor Standards Act (FLSA) and similar laws in California and other states. The lawsuit is a strong reminder for employers that there's a lot more to complying with wage and hour laws than just paying nonexempt workers minimum wage and overtime. . . . more
Wage and Hour: When Are You Required to Pay Employees for Training Time?
July 2010
Many employers offer their workers training opportunities, and many require their employees to attend such programs. The problem is that some of these employers mistakenly neglect to treat the time spent at training programs as "hours worked." In reality, though, required training for nonexempt employees is generally compensable time. . . . more
Wage and Hour: State High Court Refuses to Decide Outside Sales Exemption Case; What This Means for Employers
August 2009
The California Supreme Court has refused to review a key wage and hour issue, leaving both employers and the lower state courts with unanswered questions about whether certain salespeople should be getting . . . more
Compensation: Drafting Effective, Legal Commission Pay Plans
CEA Online Exclusive April 2009
Commission pay plans are a great way to encourage employees to be aggressive salespeople and to reward them for performing well. But a poorly drafted commission pay plan can lead to legal trouble. We'll tell you what you need to know to draft effective and enforceable commission pay plans. . . . more
Wage and Hour: Expert Tips on Self-Auditing Exempt Classifications--and Determining Whether to Involve Job Incumbents in the Process
February 2009
In a down economy, employment disputes of all types are more common. And if you are trying to do more with less--that is, you've got fewer employees and they're all working harder than ever, putting in extra hours--you're at greater risk for wage and hour claims. In such a climate, exempt workers, in particular, are more likely to start to question whether you have properly classified them as exempt from overtime. . . . more
The Administrative Exemption in California: How to Avoid Overtime Classification Mistakes
The Administrative Exemption in California: How to Avoid Overtime Classification Mistakes Audio Conference
Originally presented on December 2, 2008
The administrative exemption to overtime regulations set forth under California and federal law is probably the most misunderstood of all the exemptions. Listen to this in-depth audio conference all about the requirements of the administrative exemption, including thorny areas that could cause you grief. . . .
more
Wage and Hour: High Gas Prices Bringing Employees Down? Alternative Arrangements Can Help
July 2008
Your employees, like millions of others, are probably grumbling about how skyrocketing gasoline prices have made their daily commutes almost prohibitively expensive. Is there anything you can do to help them to . . . more
News Note: Resident Employees Lose Overtime Bid For On-Call Time
June 2008
Ron and Sharon Isner, daytime live-in managers at a Southern California housing complex for the elderly, had to be on call weeknights and some weekends, but were paid only for hours actually worked during those times--even though they had to stay on the grounds, in close range of . . . more
Exempt Employees: How California Employer Won Overtime Exemption for High-Level IT Employee
May 2008
Skyriver Communications, Inc., a San Diego wireless broadband Internet service provider, employed Mark Combs as director of network operations and classified him as an exempt administrator. Combs spent about 60 to 70 percent of . . . more
Class Action Waivers: Appeals Court Strikes Down Class Action Waiver in Arbitration Agreement
CEA Online Exclusive
Check 'N Go of California, Inc., a payday loan company, asked employees to sign a dispute resolution agreement. The agreement required arbitration of employment disputes (with some specific exceptions), including claims that the agreement itself was unfair. It also included a class action waiver, stating that for disputes the agreement covered, neither the employee nor the . . . more
Bulletin: Does the administrative exemption apply to insurance claims adjusters?
January 2008
No, said a California court of appeals, as we reported in the November 2007 issue of CEA. The appeals court ruled that the employees weren' . . . more
Employment Law Tip: Exempt Employees and Holiday Shutdowns
11/28/2007
During the holiday season, many employers shut down their operations for a few days over Thanksgiving, Christmas, or New Year's. If you're thinking of closing up shop for the remaining holidays this year, first make sure you're up on special pay rules for employees who qualify as exempt from overtime. . . . more
Wage and Hour: Do You Have to Pay Employees When the Office Must Close in a Disaster?
CEA Online Exclusive
The October wildfires that flared up across California are a stark reminder that disaster can strike at any time and could result in workplace closures. Do you know how to handle employee pay in this situation, particularly when . . . more
Bulletin: State minimum wage increases next month
December 2007
As of Jan. 1, 2008, California's minimum wage will be $8.00 per hour, up from the current hourly rate of $7.50. Also on January 1, the new lowered minimum . . . more
Exempt Employees: Deductions for Disability Leave Didn't Violate Salary Basis Rule; Tips for Reviewing Your Plan
December 2007
Under California and federal law, an exempt employee must receive his or her full salary for any week in which the person performs any work, regardless of the quality or number of hours worked. This is known as the . . . more
California Legislative Roundup: A Lean Year for Employment-Related Measures; A Look at New Laws—and Key Vetoes
December 2007
Although there were many bills on the table this year that could have made a big impact on the workplace, 2007 has turned out to be another slow year for new employment-related laws in California. Although . . . more
Additional ItemsAdditional Items
2010 California Employment Law Update
2010 Guide to Employment Law for California Employers
California Labor Law Posters
 TOPICS
Complete Topic List
Most Popular
Benefits & Leave
Compensation
Discrimination
Harassment
Health & Safety
Hiring
HR Administration
New Legislation
Performance/Termination
Wage & Hour
 DISCUSSION FORUM
Recent Forum Posts
• Calculating FMLA for Exempt and Non-Exempt
• Race and Ethnic Identification Process
• Terminate position of employee on medical leave
• protocol-minimize risk when terminating employee
• Terminate employee on Work Comp limited duty
• Concerns about an Employee
• Reducing salaries
• Record Retention-Direct Deposit Authorization Form
• Termination letter
• H1B Visa holders and RIFs
• Minimum number to constitute a RIF?
• Disciplinary action for missing mandatory meeting
• Employee walked out
• Personal unpaid leave
• Should vacation be paid?
Search Discussion

ERI has received 12 Editorial Excellence Awards