All workers have rights on the job. In California, workers are protected by labor laws. It does not matter where you were born or what your legal status is. Once you are hired, you have rights.
California wage and hour laws affect salaried and non-salaried workers. Non-exempt salaried employees are protected by California minimum wage laws.
How Does CFRA Work for Out-of-State Employees? All employees of California-based employers are eligible for CFRA leave if they meet the correct requirements. This means that remote workers and employees that may be based out of state can also take CFRA leave if needed.
In general, when an individual resides in California, they are subject to California's comprehensive and protective labor laws regardless of where their employer is located. California laws also apply to those who are legal residents of other states but are working in California.
An exempt employee in California meets a certain set of criteria that prevents them from coverage under wage and hour laws. Wage and hour laws dictate which types of employees are entitled to a minimum wage, overtime compensation, and legally required breaks.
There is no limit as to how many hours an exempt salaried employee can work in any given day or week. These employees earn a consistent salary, regardless of the number of hours worked.
An employee must earn no less than two times the state's minimum wage for full-time work to meet this initial requirement of the exemption test. As of January 1, 2025, employees in California must earn an annual salary of no less than $68,640 to meet this threshold requirement.
Contrary to Oracle's assertions, the California Labor Code is clearly intended to apply to work done in California by nonresidents. The California Supreme Court has concluded that California's employment laws govern all work performed within the state, regardless of the residence or domicile of the worker.
Starting January 1, 2025, the annual minimum salary to qualify for the white-collar exemption (executive, administrative, and professional) will increase to $68,640 (or $5,720 per month), up from $66,560 in 2024. Employers must ensure compliance with these thresholds to avoid misclassification issues.