New Federal Overtime Rules Have Little Impact for California Employers
Schley, Look & Guthrie LLP has recently received several inquiries
from its clients regarding the new federal overtime laws and their
impact on California employers. This memo seeks to provide some
guidance.
New federal regulations redefining the Fair Labor Standards Act's
(FLSA) "white collar" overtime exemptions went into effect
on August 23, 2004 . Non-governmental employers in California are spared
concern about the new federal overtime regulations. If your company
has employees only in California , these regulations will have no impact. California
overtime exemption regulations are more generous to employees, providing
overtime to more classes of employees than even the new federal guidelines. Under
federal law, if state overtime law is more favorable to employees,
as in California , it is the state law that sets the standard.
However, if your company operates outside of California , you should
become familiar with the federal changes and determine their effect
on employment outside California . The US Department of Labor has posted
information on its website at http://www.dol.gov/esa/regs/compliance/whd/fairpay/fact_exemption.htm.
As always, if your company has questions regarding overtime laws and
their applicability to your company, please feel welcome to contact
us.
This Memo was prepared by Stacey L. Fell. For more information,
contact:
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Stacey L. Fell
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staceylfell@hotmail.com
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Michael D. Schley
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805-966-2940
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Joseph F. Look
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805-688-9226
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Ian M. Guthrie
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805-966-2985
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Brett Locker
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805-963-4929
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