Unintended Consequences of Staffing Shortages If a manager is not primarily or more than 50 percent of the time (in California) supervising more than two people and performing management tasks, however, exemption issues may arise. A manager will not lose their exemption, for example, if they cover the register while an employee takes a break or if they help cover the occasional shift. While these exempt management activities must be the employee’s primary duty under the FLSA, exempt employees can perform other duties without risking the exemption. § 541.102, (as adopted by California) to include activities such as interviewing, selecting, and training of employees setting and adjusting their rates of pay and hours of work directing employees’ work appraising employees’ productivity and efficiency handling employee complaints and grievances disciplining employees apportioning work among employees determining the type of materials, supplies, machinery, equipment, or tools used or merchandise bought, stocked, and sold controlling the flow and distribution of materials or merchandise and supplies providing for the safety and security of the employees or the property planning and controlling the budget and monitoring or implementing legal compliance measures. “Management” activities are defined by the federal regulations, 29 C.F.R. Most brick-and-mortar and warehouse locations have at least two full-time equivalent employees for managers to direct and have the authority to hire and fire. The first two requirements are straightforward. California also requires that the employee “customarily and regularly exercises discretion and independent judgment.”) In California, an exempt manager must spend more than 50 percent of their time on exempt managerial tasks. (California, the largest retail market in the country, uses a “quantitative” not “qualitative” measure of exempt employee time to determine primary duty. The FLSA exemption only requires employees be paid at least $684 a week.) Generally, this means employees must make an annual salary of at least $62,400.
#WHITE PAGES CALIFORNIA CODE#
Full-time employment means 40 hours per week as defined in Labor Code Section 515(c). (In California, in addition to a minimum salary, an executive employee also must earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. The employee’s primary (principal, most important) duty must be management of a customarily recognized department or subdivision.
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