Best answer: Can a paralegal be exempt in California?

However, the learned professional exemption is available for paralegals who possess advanced specialized degrees in other professional fields and apply advanced knowledge in that field in the performance of their duties.

Are paralegals exempt employees?

The new DOL Wage and Hour Administrator, Cheryl Stanton, says paralegals earning at least $100,000 annually and performing certain duties are “exempt” employees. The Administrator’s guidance letter zeroed in on the paralegals’ duties to justify their exempt status as a “fair reading” of FLSA Section 13(a)(1).

Who qualifies as an exempt employee in California?

In order to qualify as an exempt employee in California in 2021, an employee working for a company with 26 or more employees must earn $1,120 per week, or $58,240 annually; an employee working for a company with fewer than 26 employees must earn $1,040 per week, or $54,080 annually, exclusive of board, lodging, and …

Does California require paralegals to be licensed?

Licensure: There is no specific paralegal license in California. Degree: A bachelor’s degree in any subject or a high school diploma/equivalent. … For high school graduates, you must have three years of supervised work experience. The supervising attorney must be willing to certify your ability to work as a paralegal.

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Are attorneys exempt in California?

The California professional exemption generally applies to licensed employees, such as lawyers, doctors, dentists, optometrists, architects, engineers, teachers, or accountants. It may also include creative professionals engaged in a learned or artistic profession, such as music, writing, theater, or graphic arts.

What is the basis for classifying a paralegal as an exempt or nonexempt employee What is the law currently?

FLSA basics

To qualify for either exemption, the employee must be paid on a salary or fee basis of at least $455 per week. So, if the paralegal is employed hourly, the paralegal must receive minimum wage and overtime for all hours worked over 40 in a workweek.

What is exempt and not exempt?

The primary difference in status between exempt and non-exempt employees is their eligibility for overtime. Under federal law, that status is determined by the Fair Labor Standards Act (FLSA). Exempt employees are not entitled to overtime, while non-exempt employees are.

Who qualifies as an exempt employee?

An exempt employee is an employee who does not receive overtime pay or qualify for minimum wage. Exempt employees are paid a salary rather than by the hour, and their work is executive or professional in nature.

What qualifies as an exempt employee 2020?

Employees who are classified as exempt must receive a salary of at least $684 per week by January 1, 2020. … For employees reclassified as non-exempt, make sure you pay them at least the minimum wage for all hours worked and overtime whenever they work more than 40 hours in a workweek.

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How do I know if I’m exempt or nonexempt?

An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA). These “salaried” employees receive the same amount of pay per pay period, even if they put in overtime hours. A nonexempt employee is eligible to be paid overtime for work in excess of 40 hours per week, per federal guidelines.

Does a paralegal certificate need to be ABA approved?

Not every paralegal program or legal school is ABA-approved. Some employers will look specifically for an ABA-approved degree, and some will not. If you do not live near an educational institution that offers an ABA-approved paralegal program, it does not mean that you will not be able to find work as a paralegal.

Can paralegals practice law?

Can a paralegal practice law? Put simply: No. Paralegals may have significant legal knowledge, but they aren’t licensed to work as attorneys—so they cannot practice law. As such, to avoid the unauthorized practice of law, a paralegal should not work without the supervision of a lawyer.

Can you be a paralegal while in college?

According to McClure, there are three types of academic credentials that someone can use to enter the paralegal profession: associate degrees, bachelor’s degrees or postbaccalaureate certificates. … Postbaccalaureate certificates are an option only for college graduates and can be earned within one year, he adds.

What is a non exempt employee?

Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis.

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What is salary non exempt?

July 11, 2019. LIKE SAVE PRINT EMAIL. The designation of an employee as “salaried, nonexempt” means that the employer has designated an employee as nonexempt from the federal Fair Labor Standards Act (FLSA), and chooses to pay a weekly salary that equates to at least minimum wage for all hours worked.

Are pharmacists exempt or non exempt?

According to the U. S. Court of Appeals for the First Circuit, pharmacists thus meet the standards for the professional exemption under the FLSA and are not entitled to overtime pay.