雇佣要求第 895 / 1632 题
Which of the following most accurately describes the compensation test for a bona fide 'exempt' executive or administrative employee in California?
a.Paid hourly at twice the state minimum wage, whatever the duties
b.Paid the federal exempt salary floor, with no California add-on
c.Salaried at twice the state minimum wage, plus exempt duties
d.Paid a fixed salary of any amount, whatever the duties
解析
Labor Code §515(a) sets a two-part test: a monthly salary of at least twice the state minimum wage for full-time (40-hour) employment, and primary engagement in exempt executive, administrative, or professional duties. (a) gets the money right but the form wrong - an hourly worker is not salaried and cannot be exempt under §515 no matter what the rate is. (b) is the error of applying the federal salary threshold; California's is higher and is tied to its own minimum wage. (d) is the belief that putting someone on salary is itself the exemption, which is the single most common misclassification in construction office staff.
法律依据: Labor Code §515(a)免费刷完整 1632 道题库 — 无需注册。
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同考点相关题目
- A non-exempt laborer works 14 hours in one workday to finish a concrete pour. How are the final two hours (hours 13 and 14) compensated in California?
- An employee works Monday through Saturday, 8 hours each day, for a total of 48 hours in the workweek with no single day exceeding 8 hours. How many hours qualify for overtime?
- A non-exempt worker is scheduled seven consecutive days in a single workweek. On that seventh consecutive day she works 9 hours. How is the seventh day compensated in California?
- A contractor pays a worker below the applicable California minimum wage but claims the worker 'agreed' to the lower rate in writing. Is this agreement enforceable?
- When a California city has adopted a local minimum wage that is higher than the state minimum wage, which rate must an employer within that city pay?
- A non-exempt employee is scheduled to work a 7-hour shift. When must the employer provide an unpaid, off-duty meal period under California law?
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审核人 Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — 核实)