Beyond the significant impact the wage increases will have on businesses in California, the change has a domino effect on other California employment compliance areas that are linked to the state minimum wage.
Other Compliance Areas
Following are some of the other key effects the new law will have for employers.
Exempt Employees
Private sector employers with exempt employees in California must determine whether they will continue to be in compliance.
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For employees to be properly classified as exempt under the Executive, Administrative and
Professional Exemptions of many California Wage Orders, the employee must earn a monthly salary equivalent to no less than two times the state minimum wage and meet the duty test under the exemption. Effective July 1, 2014 the minimum salary test for the California Executive, Administrative and Professional Exemptions will increase from $33,280 to $37,440 annually. Employers should review whether their exempt employees will still meet the salary requirement by July 1, 2014, and again, by January 1, 2016.
Collective Bargaining Agreements
Employers with collective bargaining agreements in California should determine whether they will remain in compliance with the rate change. Under most California Wage Orders, employers and unions are permitted to negotiate overtime premiums different from those required by the applicable Wage Order, so long as their employees are covered by a valid collective bargaining agreement designating wages, hours and working conditions and the employees’ regular hourly rate of pay is not less than 30 percent more than the state minimum wage. Employers should determine whether their union contracts or other procedures are affected.
Commission Exemption – Wage Orders 4 and 7
Employers subject to California Wage Orders 4 and 7 also should review their practices where the employer is relying on the commission overtime exemption (Section 3). Employers with employees exempt from overtime provisions based on the commission exemption must determine whether the employees will still qualify. Employees whose earnings exceed one and one-half times the minimum wage and more than half their compensation represents commissions could be exempt from the overtime provisions under Section 3 of California Wage Orders 4 and 7. Employer would need to ensure these individuals earn at least one and one-half times the new state minimum wage.
Tools or Equipment – Section 9 of Wage Order
Employers who require employees to provide their own tools or equipment based on provisions of the California Wage Order may be affected. Generally, when tools or equipment are required by the employer or are necessary to the performance of a job, they must be provided and maintained by the employer.
However, employees who earn at least two times the state minimum wage can be required to provide and maintain their own hand tools and equipment customarily required by the trade or craft under Section 9 under most California Wage Orders.
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If employers are taking advantage of this limited provision, they should ensure they are paying employees twice the new state minimum wage.
Voluntary Crediting Agreements
Employers with voluntary written agreements with employees for crediting meals or lodging against the employer’s minimum wage obligation should adjust their crediting accordingly under Section 10 of most California Wage Orders. Note also that crediting arrangements must also comply with federal law.
Poster Requirements
As mentioned above, the California minimum wage increased to $9.00 per hour on July 1, 2014 and will increase to $10.00 on January 1, 2016. Both wages are listed on the California All-In-One poster. If an order was placed for a California poster after January 1, 2014, please confirm your poster reflects both wages. If your current poster reflects both wages you will not need to order an additional California All-In-One poster. Please note that this change will not impact the Federal Combined Poster. Clients are encouraged to order posters via the Online Poster Ordering website via My ADP Resource.
As always, please contact your Human Resource Business Partner if you have any questions.
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Produced in cooperation with Jackson Lewis P.C. This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.
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