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Eal, Palo Alto, CA 94306 The content of this packet is an introduction to Cooley LLP s capabilities and is not intended, by itself, to provide legal advice or create an attorney-client relationship. Prior results do not guarantee future outcome. Connie N. Bertram cbertram cooley.com (202) 728-7122 Joshua O. Mates jmates cooley.com (650) 843-5084 Greg C. Tenhoff tenhoffgc cooley.com (650) 843-5054 www.cooley.com Agenda The Legal Landscape: Wage and Hour Litigation on the R.
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Pharma FAQ
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When is a Salesperson Entitled to Overtime Pay in California? The default rule is that California employers must pay all their employees overtime. Employees who work overtime are entitled to 1.5 times their normal hourly pay, or “time and a half” for each hour worked over 8 hours per day or 40 hours per week.
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Under Wage Orders 4 (Professional, Technical, Clerical, Mechanical and Similar Occupations) and 7 (Mercantile Industry), inside salespeople are exempt from overtime if they earn at least 1.5 times the California minimum wage (1.5 X $16.00/hour for 2024 = $24/hour) for each hour they work, and at least 50% of their ...
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Under California law, however, the inside sales exemption is applicable only if (a) the employee earns more than 150% of the minimum wage, (b) more than 50% of the employee's compensation is derived from commissions, and (c) the employee works in the mercantile industry (covered by Wage Order 7) or in a professional, ...
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For the administrative exemption to apply, an employee must EITHER. Regularly and directly assist an owner or an executive/administrative employee, Perform specialized or technical work requiring special training, with only general supervision, OR. Perform special assignments under only general supervision.
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The Fair Labor Standards Act (FLSA), governs the process that Compensation Analysts use to determine whether a position is either eligible for over-time pay for hours worked in excess of 40 per week (non-exempt) or is paid a flat sum for hours worked, even if they exceed 40 hours within a workweek (exempt).
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FLSA Inside Sales Exemption Requirements Under federal law, the inside sales exemption applies only to employees who (a) earn more than 150% of the minimum wage, (b) derive at least 50% of their income from commissions, and (c) work in the “retail and service industry.”
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Generally, inside salespeople are not exempt from overtime pay laws. Department of Labor (DOL) regulations say the DOL does not have the legal authority to exempt inside sales employees from federal minimum wage or overtime laws. Inside salespeople should be paid time-and-a-half for hours they work over 40 in a week.
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Under Wage Orders 4 (Professional, Technical, Clerical, Mechanical and Similar Occupations) and 7 (Mercantile Industry), inside salespeople are exempt from overtime if they earn at least 1.5 times the California minimum wage (1.5 X $16.00/hour for 2024 = $24/hour) for each hour they work, and at least 50% of their ...
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