Overtime Exemption
An "exempt" employee is determined by your job description and duties, rather than your job title. "Exempt" employees are generally positions such as:
1. Executive
2. Professional
3. Administrative
4. Outside Sales
5. Computer Professional
1. Executive exemption:
- Exemption applies if:
- More than one-half of an employee's work time is spent engaged in exempt work.
- You are in charge of directing the work of two or more full-time employees.
- You are authorized to hire and fire, as well as make recommendations affecting the employment status of employees.
- You frequently exercise discretion and independent judgment.
- You earn a monthly salary that is equivalent to no less than two times the state minimum wage for full-time employment (40 hours per week).
2. Professional exemption:
- Exemption applies if:
- You are licensed or certified by the State of California and are primarily engaged in the practice of law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting.
- You are primarily engaged in an a learned or artistic profession, such
as:
- o Work that requires knowledge of an advance type in
a field or science or learning customarily acquired by specialized intellectual
instruction and study.
- o Work that is original and creative in character in
a recognized field of artistic endeavor that depends on the invention,
imagination, or talent of the employee or work.
o Work that is predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical, or physical work)
- You frequently exercise discretion and independent judgment.
- You earn a monthly salary that is equivalent to no less than two times the state minimum wage for full-time employment (40 hours per week).
- Note: Advanced academic degrees (above the bachelor level) are a standard prerequisite. Work in a "ecognized field of artistic endeavor" includes such fields as music, writing, the theater, and the plastic and graphic arts.
3. Administrative Exemption:
- Exemption applies if:
- Your responsibilities involve:
-
o The performance of office or non-manual work related
to management policies or general business operations, or
-
o Functions in the administration of a school system, or
educational establishment or institution, or of a department or subdivision
thereof, in work directly related to the academic instruction
- You frequently exercise discretion and independent judgment
- You regularly assist a proprietor, or an employee employed in a bona fide executive or administrative capacity
- You perform work along specialized or technical lines requiring special training, experience, or knowledge
- You execute special assignments and tasks
- You earn a monthly salary that is equivalent to no less than two times the state minimum wage for full-time employment (40 hours per week).
4. Outside Sales Exemption:
- Applies if you regularly work more than half of your hours outside of the workplace. This can include either a home or office. Outside sales does not include sales made by mail, telephone or the Internet, unless such contact is used merely as an adjunct to in-person sales visits with clients.
5. Computer Professional Exemption:
- Exemption applies if:
- Your tasks are intellectual, creative and require understanding discretion and independent judgment.
- You perform one or more of the following tasks:
- o The application of systems analysis techniques and procedures, consulting
with users, determining hardware, software, or system functional specifications.
- o The design, development, documentation, analysis, creation, testing, or
modification of computer systems or programs.
- o The documentation, testing, creation, or modification of computer programs
related to the design of software or hardware for computer operating systems.
- You are highly skilled and proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering.
- You are paid at least $49.77 per hour.
- Exemption does not apply if:
- You are a trainee or employee in an entry-level position, learning to become proficient in the theoretical and practical application of highly specialized information to systems division, programming, and software engineering.
- You do not have the expertise and skill level necessary to work independently and without close supervision.
- Your job is to manufacture, repair, or keep maintenance of computer hardware and related equipment.
- You are an engineer, drafter, machinist, or other professional whose work is highly dependent upon or facilitated by the use of computers and computer software programs and are skilled in computer-aided design software, but you are not in a tech analysis or programming occupation.
- You write materials, including box labels, product descriptions, documentation, promotional material, set up and installation instructions.
- You create imagery for effects used in the motion picture, television, or theatrical industry.
If you have been improperly classified as an overtime exempt employee contact an
Employment Lawyer today.
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provided above, please
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