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As a result, employers must pay a salary of at least $1,240 per week beginning January 1, 2023 to qualify for the exemption. Computer software employees may be paid on an hourly or a salary basis in order to qualify for exemption from California's overtime requirements.
California and federal wage and hour laws typically do not apply to employees who are ?exempt.? However, an employer cannot simply designate an employee as exempt by paying them a salary instead of an hourly wage. An employer also cannot require a worker to sign a contract agreeing to be an exempt employee.
Though many California cities and counties have higher minimum wage requirements than the state minimum. Also as of 2023, the minimum annual salary to qualify for an exempt employee is $64,480.
Salary Considerations Exempt employees in California generally must earn a minimum monthly salary of no less than two times the state minimum wage for full time employment. Simply paying an employee a salary does not make them exempt, nor does it change any requirements for compliance with wage and hour laws.
To qualify for the professional exemption, an employee must pass the salary and duties tests. To be exempt, a professional employee must earn a monthly salary equivalent to at least two times the state minimum wage for full-time employment. ?Full-time employment? is defined as 40 hours per week.