Employee Does Not Receive Salary And Is Not Exempt From Overtime.

California law provides that, absent an exemption, an employee must be paid time-and-a-half for work in excess of 40 hours per week. To be exempt from that requirement the employee must perform specified duties in a particular manner and be paid “a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.” [Labor Code section 515, subdivision (a)].  The question presented in this case is whether a compensation scheme based solely upon the number of hours worked, with no guaranteed minimum, can be considered a “salary” within the meaning of the pertinent wage and hour laws. The appellate court concluded that such a payment schedule is not a salary and, therefore, does not qualify the employee as exempt. Negri v. Koning & Associates (Cal. App. Sixth Dist.; May 16, 2013) 216 Cal.App.4th 392, [156 Cal.Rptr.3d 697].