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Maximum hours an exempt employee can be required to work The law does not provide a maximum number of hours that an exempt worker can be required to work during a week. This means that an employer could require an exempt employee to work well beyond 40 hours a week without overtime compensation.
Employers Cannot Prohibit Employees from Discussing Pay When employees are prohibited from inquiring about, disclosing, or discussing their compensation2026 compensation discrimination is much more difficult to discover2026and more likely to persist.
Salaried non-exempt employees cannot be paid less than the state minimum wage. Salaried non-exempt employees are also protected by California wage and hour lawsincluding overtime laws and laws requiring meal and rest breaks.
Pursuant to Labor Code section 432.3, an applicant may voluntarily disclose his or her salary history information to a prospective employer, as long as it is being done without prompting from the prospective employer.
Nonexempt salaried workers who work more than 40 hours a week also get overtime an employer cannot require them to work more than that without overtime pay.
The FLSA includes these job categories as exempt: professional, administrative, executive, outside sales, and computer-related. The details vary by state, but if an employee falls in the above categories, is salaried, and earns a minimum of $684 per week or $35,568 annually, then they are considered exempt.
In 2015, Governor Jerry Brown signed the California Equal Pay Act, a piece of legislation determined to expand existing anti-discrimination laws in California workplaces. The Act prohibits employers from forbidding employees from discussing their wages or the wages of other employees.
Exempt employees may not be eligible for overtime or breaks. However, exempt employees must be paid at twice the minimum hourly wage based on a 40-hour workweek. As an exempt employee, an employer could require the employee to work more than 40-hours per week without overtime pay.
Salaried employees cannot have their pay deducted by their employer if they work less than 40 hours per week or the employee may be seen as nonexempt and entitled to overtime compensation when working more than 40 hours a week.