Overtime Exemptions In California: How To Classify Employees And Comply With Exemption Rules

Overtime exemption is one of the hottest HR issues today. Why?

Overtime exemption misclassifications will put your exempt employees' status in jeopardy, making them entitled to compensation while creating a huge liability for your organization.

California has its own set of rules when it comes to FLSA exemptions that are different than federal rules—specifically, how white-collar workers are classified—and it’s important to understand the distinct differences when it comes to your compliance obligations.

Don’t wind up on the receiving end of a single, class, or collective action alleging that by virtue of something your organization did (or didn’t do). Join us when attorney Allen Kato will reveal proactive strategies for minimizing your legal risks when it comes to overtime exemptions in California.

Learning Objectives
  • “Mythbusters” that will set you straight on what will and will not jeopardize an employee’s exempt status under California Laws and FLSA
  • How to meet overtime exemption requirements concerning the salary level, salary basis, and duties tests
  • How white-collar exemptions differ in California from the rest of the country, and how salary and duty criteria differ from those under the FLSA
  • What the various California exemptions are, and what they mean to your pay structure
  • Red flags to watch out for concerning managers’ performance of nonexempt duties
  • The many ways in which you may be jeopardizing exemptions and how to correct those mistakes
  • Why changes to California’s minimum wage will affect whether your managers and executives are still in compliance
  • What happens when you supplement an employee's salary with additional payments
  • Examples of permissible and impermissible pay deductions for exempt employees
  • And much more!
About Your Presenter

Allen Kato
Attorney at Law

Allen Kato’s practice concentrates exclusively on advising employers in all aspects of employment law, including wage and hour, equal employment opportunity, disability accommodations, leaves of absences, wrongful termination, privacy, employment agreements and compensation plans, unfair competition, and trade secret matters. He also trains managers and human resources professionals on a regular basis.

Mr. Kato holds a bachelor’s from the University of California, Davis and a law degree from the McGeorge School of Law at the University of the Pacific. He is a member of the California Bar. Before opening his own law practice, Mr. Kato practiced for almost 30 years with the law firms of Fenwick & West, and with Schachter, Kristoff, Orenstein & Berkowitz.
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