For example, a Sous Chef who supervises other employees while he cooks, exercises discretion on a daily basis, and is paid significantly more than hourly employees who work in the kitchen, should properly be considered exempt from overtime pay so long as that chef also has the authority to hire, discipline and fire.
Do cooks get paid overtime?
In California, every non-exempt employee who works beyond normal hours is entitled to overtime. Waiters, bussers, food-runners, hostesses, and cooks are non-exempt employees and as such they are entitled to get paid one and one half times of a regular pay for all overtime hours.
What jobs are exempt from overtime pay?
The Fair Labor Standards Act (FLSA) states that employees employed as “bona fide executive, administrative, professional and outside sales employees” and “certain computer employees” may be considered exempt from both minimum wage and overtime pay. These are sometimes called “white collar” exemptions.
Are chefs exempt from overtime California?
Head Chef Not Entitled to Overtime Pay Because Executive Exemption Applied. … The California Labor Code requires overtime pay for employees who work more than eight hours in any one day and more than 40 hours in any one week, unless an exemption applies.
Are professionals exempt from overtime?
According to the law, professional workers are exempt from the FLSA’s: minimum wage, and. overtime standards.
Do cooks make good money?
As of May 2016, median pay for chefs and head cooks is $43,180 a year or $20.76 an hour; this means that half of chefs earned more than that and half made less money. … Chefs working for restaurants averaged $43,750 a year, while chefs working for performing arts companies did better and earned $69,150 a year on average.
Can my boss take my tips?
Tips are the property of the employee. The employer is prohibited from using an employee’s tips for any reason other than as a credit against its minimum wage obligation to the employee (“tip credit”) or in furtherance of a valid tip pool.
What is the 8 44 rule?
There’s the 8/44 rule that states any extra hours worked over 8 hours a day or 44 hours a week (whichever is greater) is considered to be overtime. So, if you work 9 hours for 3 days and regular 8 hours for the rest 2 days, you’re not entitled to receive overtime payment.
How can employers avoid paying overtime?
The 5 Most Common Ways Employers Avoid Paying Overtime Rates
- Requiring Employees to Work Off the Clock. …
- Averaging Your Hours Worked. …
- Misclassifying Employees. …
- Classified as an Independent Contractor. …
- Providing Comp Time.
What makes a position exempt?
Outside Sales Employee: To be exempt, an outside sales employee must have a primary duty of making sales or obtaining orders or contracts for services, and the employee must be customarily and regularly engaged away from the employer’s place of business.
What is California exempt minimum wage?
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.
What are the salary laws in California?
Effective from January 1, 2020, California labor law requires employers with at least 26 employees to pay $1,040 every week or $54, 080 per annum. Likewise, nonexempt workers may receive a predetermined salary, but it should be equal to the federal minimum wage or the state minimum wage, whichever one is higher.
Are physical therapist exempt from overtime in California?
All the requirements of one of the exemptions must be met. Therapy assistants, however, do not meet the educational requirements necessary for the professional exemption. Therefore, physical therapy assistants and certified occupational therapy assistants are usually entitled to overtime pay.
Are IT help desk employees exempt?
The computer professional employee exemption under the Fair Labor Standards Act (FLSA) does not apply to a health care employer’s information technology (IT) support specialists, who also are not covered by the administrative exemption, according to a U.S. Department of Labor (DOL) opinion letter.
Why are salaried employees exempt from overtime?
Being paid a salary is only one of the two factors. The other requirement is that you perform the duties of an exempt employee. This is sometimes called the “duties test.” The exemption from overtime is limited to employees who perform relatively high-level work involving a good deal of judgment and discretion.
Can a CAD specialist be exempt?
Computer Aided Design (CAD) / Mechanical Designer Jobs and Overtime Pay. … This exemption is aptly known as the Computer Employee Exemption and has some very specific requirements, ALL of which must be satisfied in order to escape the employer’s overtime pay obligation.