An Administrator's Guide to California Private School Law

Chapter 6 – Wage And Hour Laws

B. R EGULARLY S CHEDULED W AGES

1. N ON -E XEMPT O R H OURLY E MPLOYEES Non-exempt, hourly employees must be paid at least twice each calendar month. Wages earned between the 1 st and 15 th of the month must be paid between the 16 th and 26 th of that same month. Wages earned between the 16 th and last day of the month must be paid between the 1 st and 10 th of the following month. 677 a. Weekly, Biweekly Or Semi-Monthly Pay Other payroll periods such as weekly, biweekly (every two weeks) or semimonthly (twice per month) when the earning period is something other than between the 1 st and 15 th , and the 16 th and last day of the month, must be paid within seven calendar days of the end of the payroll period within which the wages were earned. 678 b Payment Of Overtime To Non-Exempt Employees Under California law, any overtime earned for hours worked in excess of the normal workweek must be paid no later than the payday for the next regular payroll period. 679 However, federal law requires that overtime earned be paid on the regular payday for that workweek “unless the correct amount of overtime compensation cannot be determined.” 680 Because the federal law is more favorable to employees than California law, we recommend following the federal standard. 2. E XEMPT O R S ALARIED E MPLOYEES Exempt, salaried employees may be paid once a month. 681 However, the pay must occur on or before the 26 th day of the month during which the labor was performed if the entire month's salary, including the unearned portion between the date of payment and the last day of the month, is paid at that time. Such exempt, salaried employees may be paid more frequently than once a month. a. Payment to Exempt Employees for Excess Work Any salaries earned by exempt employees for labor performed in excess of 40 hours in a calendar week must be paid no later than the 26 th of the following month. 682 Since exempt employee are not subject to overtime, this applies to contract-generated wages earned by exempt employees for excess work beyond a normal 40 hour workweek. 683 T his rule does not apply to employees covered by a collective bargaining agreement that provides for a different pay arrangement. 3. W AGE P AYMENT W HERE H OLIDAY O CCURS If the regular designated payday falls on a Saturday, Sunday or holiday and the school observes that holiday by closing its business, the school may pay wages on the next business day. 684 Holidays generally include January 1, the third Monday in January (Martin Luther King Day), February 12, the third Monday in February (President’s Day), March 31 (Cesar Chavez Day), the

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