Are Camp Counselors Exempt From Minimum Wage?

by | Last updated on January 24, 2024

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Student employees, camp counselors and program counselors are exempt from minimum wage and overtime requirements so long as they are paid a weekly salary of at least 85% of the minimum wage for a 40-hour week.

What is the minimum salary for exempt employees in California 2021?

Effective January 1, 2021, the minimum salary threshold for these exemptions is as follows:

$58,240 per year (or $1,120 per week) for employers of 26 or more employees. $54,080 per year (or $1,040 per week) for employers of 25 or fewer employees

.

Do commissions count towards minimum wage in California?

Commission Sales

As with piece-rate work,

employees who are paid on a commission basis must be paid at least the minimum wage for all hours worked

. For commission sales, however, the relevant time frame over which California minimum wage must be paid is the entire pay period, rather than each hour.

What is the minimum wage in Los Angeles 2021?

A restaurant worker talks to diners on Melrose Avenue in Los Angeles in 2021. The city’s minimum wage will rise to $16.04 on July 1. Los Angeles’ hourly minimum wage will rise from $15 to $16.04 on July 1, officials said Thursday.

What qualifies as an exempt employee in California?

In order to qualify as an exempt employee in California in 2021,

an employee working for a company with 26 or more employees must earn $1,120 per week, or $58,240 annually

; an employee working for a company with fewer than 26 employees must earn $1,040 per week, or $54,080 annually, exclusive of board, lodging, and …

What makes an employee exempt in California?

As mentioned above, California law requires exempt employees to be

paid a monthly salary of at least twice the state minimum wage for full-time employment

to qualify as exempt. For these purposes, full-time employment is considered 40 hours per week.⁠37.

What is salaried non exempt?

The designation of an employee as “salaried, nonexempt” means that the employer has designated an employee as nonexempt from the federal Fair Labor Standards Act (FLSA), and chooses to pay a weekly salary that equates to at least minimum wage for all hours worked.

Can you reduce an exempt employee’s salary in California?

DLSE has opined that its enforcement policy, in keeping with the stated intent of the Legislature and the California courts interpretation of the California law,

will not permit a reduction in the salary of an exempt employee

which is the result of a reduction in the number of hours in a workday or days in a workweek …

What is the difference between exempt and nonexempt employees in California?


Non-exempt employees are eligible for overtime, rest and meal breaks, and are subject to California’s minimum wage laws. 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.

Do outside salespersons in California have to pay minimum wage?


An employer is not required to pay California minimum wage to an outside salesperson

. California Labor Code section 1171; Industrial Welfare Commission Wage Order No. MW-2021. The employer must establish that the nature of the employee’s work meets the legal definition of an outside salesperson for this rule to apply.

Can commission count towards minimum wage?


Commission counts towards minimum wage

. Your total pay including commission must give you the minimum wage each time you’re paid. Your employer must ‘top up’ your pay if you have not made enough commission to earn the minimum wage.

Can I employ someone on commission only?


It’s not legal to have an employee and only pay them commission, unless you guarantee that the commission equals or exceeds the National Minimum Wage

.

Is it illegal to pay less than minimum wage?

The national minimum wage does not stop an employer from offering you a higher wage.

You cannot agree to be paid less than the minimum wage or to do unpaid work , unless you are employed by a close family relative or are on a recognised apprenticeship

.

What is Orange County minimum wage?

What is the minimum wage in California? As of 2022, the statewide minimum wage in California is: $15.00 per hour for employers with 26 or more employees; and.

$14.00 per hour for employers with 25 or fewer employees

.

What state has lowest minimum wage?

The two states with the lowest minimum wage are

Georgia ($5.15) and Wyoming ($5.15)

. However, employers in Georgia and Wyoming who are subject to the Fair Labor Standards Act must still pay the $7.25 Federal minimum wage.

What makes a job exempt?

An exempt employee is an employee who

does not receive overtime pay or qualify for minimum wage

. Exempt employees are paid a salary rather than by the hour, and their work is executive or professional in nature.

What determines if an employee is exempt or non exempt?


An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA)

. These “salaried” employees receive the same amount of pay per pay period, even if they put in overtime hours. A nonexempt employee is eligible to be paid overtime for work in excess of 40 hours per week, per federal guidelines.

What is salary non exempt in California?

Remember that the salary threshold in California will be

$62,400 as of 1/1/2022

and the duties test must still be met.

What is the minimum wage for salaried employees in California 2020?

Applicable Year Employers with 25 or Fewer Employees Employers with More Than 25 Employees 2018 $43,680 $45,760 2019 $45,760 $49,920 2020

$49,920


$54,080
2021 $54,080 $58,240

What is the minimum salary for non exempt employees in California 2022?

State: On January 1, 2022, the California minimum wage will increase to $15.00 per hour for employers with at least 26 employees, and

$14.00 per hour

for smaller employers. The state minimum wage also governs the exempt employee threshold salary, which has increased accordingly.

What is the minimum wage in Cal?

Effective Jan. 1, 2022, the state minimum wage for employers with 25 or fewer employees will increase to

$14 per hour

from the current $13, and the state minimum wage for employers with 26 or more employees will increase to $15 per hour from the current $14. Legislation signed into law in 2016 by former Gov.

Is exempt the same as salaried?

Most exemption categories require exempt employees to be paid on a salary basis.

Employees who meet the requirements for exemption, are paid on a salary basis, and the salary meets or exceeds the salary threshold are considered salaried exempt

.

What is non-exempt FLSA?

What does non-exempt mean? If employees are non-exempt, it means

they are entitled to minimum wage and overtime pay when they work more than 40 hours per week

.

What is the difference between salaried exempt and salaried nonexempt?

Although several criteria separate salaried exempt workers from salaried nonexempt workers, the one key difference between salaried exempt status and salaried nonexempt status is

overtime pay

. Exempt employees don’t receive overtime pay; nonexempt employees do.

What is wage reduction?

In a salary reduction,

an employer lowers the amount of pay that you receive as payment for the job you perform

. Seems unfair? It may feel that way. However, feelings aside, sometimes your employer needs to reduce your paycheck for a variety of reasons.

What is the minimum salary for exempt employees in California 2023?

Year Minimum Salary for Exempt White-Collar Workers at Employers with 26 or more employees Minimum Salary for Exempt White-Collar Workers at Employers with 25 or fewer employees 2020 $54,080 $49,920 2021 $58,240 $54,080 2022 $62,400 $58,240 2023

$66,560


$62,400

Can my employer change my pay structure?


You and your employer can agree to change your contract if the nature of your job changes, and you are now doing a different job than originally set out in your contract

. When you reach an agreement, your employer must give you the details of the change(s) in writing, within one month of the change.

Rachel Ostrander
Author
Rachel Ostrander
Rachel is a career coach and HR consultant with over 5 years of experience working with job seekers and employers. She holds a degree in human resources management and has worked with leading companies such as Google and Amazon. Rachel is passionate about helping people find fulfilling careers and providing practical advice for navigating the job market.