Employers Not Required to Track “Hours Worked” on Itemized Wage Statements for Exempt Employees

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Bass, Berry & Sims PLC

California employers are required to provide written wage statements to employees generally identifying the total hours worked during each period.  The Labor Code provides an exception to this requirement for those employees who are paid solely on salary and who are exempt from overtime.  However, because not all salaried, exempt employees are paid solely on a salary basis (e.g., receiving commissions or stock options), California employers were uncertain whether they were still required to disclose total hours worked for those workers.  To address this issue, the legislature amended the Code to expand the exception.  According to the revised language, employers no longer need to provide written wage statements disclosing total hours worked for the following employees:

  1.  executive, administrative or professional employees;
  2.  outside salespersons;
  3.  salaried computer professionals;
  4.  parents, spouses, children, or legally-adopted children of the employer as provided by the applicable wage orders;
  5.  directors, staff, and participants in a live-in alternative to incarceration rehabilitation program for substance abuse;
  6.  crew members employed on commercial passenger fishing boats; and
  7.  participants in national service programs.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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