| California wage and hour law, more commonly | | | | assisting the proprietor or other exempt individual |
| referred to as California overtime laws are | | | | in "servicing" a business in matters of significance. |
| designed to ensure that employees are not taken | | | | The California Executive Exemption applies to |
| advantage of by their employer and that they | | | | employees that spend over half their work time |
| are being paid properly for their job. In order to | | | | either managing businesses or the departments of |
| do this, California wage and hour law provides | | | | a business. There are six key areas where this |
| regulations that classify California workers as | | | | compliance is tested to determine if an individual |
| either non exempt or exempt from overtime. An | | | | meets California Executive Exemption |
| employee that is paid hourly is a “non exempt | | | | requirements. Lesser known categories of |
| employee” and is therefore entitled to | | | | exempt classifications are the California |
| overtime pay when applicable. An “exempt | | | | Caregivers Exemption and the California Public |
| employee” is typically paid by salary and/or | | | | Facility Caregivers Exemption. |
| commission, and is considered exempt from | | | | The California Salesperson Exemption is a |
| overtime pay. Thus, an exempt employee’s | | | | category which can be more easily covered if it is |
| compensation is not a function of the number of | | | | split into the two “sales types.” There is |
| hours they work as it relates to overtime | | | | the California Outside Salesperson Exemption and |
| compensation. | | | | the California Inside Sales Exemption. Both these |
| Fortunately for California employees California | | | | exemption categories have been an area |
| overtime laws are quite specific when authorizing | | | | frequently abused by employers and often require |
| what jobs may be considered exempt from | | | | the assistance of skilled California labor law |
| overtime pay. The most important factor in | | | | attorneys to pursue potential claims. The California |
| determining the exempt status of an employee | | | | outside Salesperson Exemption concentrates on |
| are the duties that employee actually performs | | | | the duties and the place where those duties are |
| on a daily and weekly basis. Employers often fall | | | | performed, with a focus on over half of the day |
| victim to the myth that if they just provide a job | | | | being engaged in sales activity away from the |
| title of “manager” or “supervisor” | | | | employer's office. In contrast, the California Inside |
| then they are in compliance with classifying this | | | | Sales Exemption applies to salespersons making |
| employee as exempt from overtime pay. That is | | | | more than 1 ½ times the minimum wage, with |
| not the case, and whether it is intentional or | | | | more than half of their compensation being |
| unintentional on the part of the employer, the | | | | derived from commission pay. There are additional |
| employer will bear the burden of proving the | | | | requirements about the industries in which these |
| exemption pursuant to California wage and hour | | | | workers can be employed. California commission |
| law. Experienced California labor law attorneys are | | | | guidelines, whether for inside sales or outside |
| best suited to review the details of job tasks and | | | | sales, provide that employers must pay |
| duties and assist in making a legal determination of | | | | commissions earned but uncollected at the time |
| exempt or non exempt status. | | | | of employment separation. |
| California overtime laws outline several categories | | | | California wage and hour law affords many |
| for exempt employee status. The major | | | | protections to California workers. Very often the |
| exemption categories are the California | | | | most important regulations are those California |
| Professional Exemption, the California | | | | overtime laws which prevent employer abuses |
| Administrative Exemption, and the California | | | | related to misclassifying employees as exempt |
| Executive Exemption. Many of the most common | | | | from overtime pay. This area of California wage |
| jobs that are exempt from overtime are | | | | and hour law can often be complex. If you are |
| classified under the California Professional | | | | uncertain if your employer may be in violation of |
| Exemption. These are jobs that typically require a | | | | these overtime laws, contacting experienced |
| license to practice, such as doctors, attorneys, | | | | California labor law attorneys is a wise course of |
| registered nurses, pharmacists and teachers. The | | | | action to get sound legal advice about a potential |
| California Administrative Exemption deals with | | | | claim. |
| employees who spend over half their work time | | | | |