Computer software employees may be paid on an hourly or a salary basis in order to qualify for exemption from California's overtime requirements. If they work more than 40 hours in a workweek, then hours in excess of 40 are considered overtime hours and they must be paid at least minimum wage. WebMay 2022. Members can get help with HR questions via phone, chat or email. Look for a (proposed) large increase in that threshold amount. It is refreshing to receive such great customer service and this is the 1st time we have dealt with you and Krosstech. There might even be state laws stipulating when you need to do so, so check into that. If an employee is covered by both federal and state law but doesn't meet both sets of tests, employers should consult with counsel to determine how they should classify the employee in that particular situation. While its always a good idea to routinely audit your workforce, the impending new rule presents an important opportunity to zero in on employees whose salaries skirt the current cutoff and decide how they should be properly classified going forward. Robinson said it is doubtful the proposed rule will include language to modify the duties tests, but employers should still be vigilant to ensure that the duties tests are not part of the proposed regulations. The agency was going to announce its plans in April but it has been delayed. The ADP logo, ADP, RUN Powered by ADP, and HR{preneur} are registered trademarks of ADP, Inc. and its affiliates. While the act does not require any particular format for these records, a specific set of information is required to be kept recorded. [CDATA[/* >