California Overtime Law :: Computer Professional Exemption, Professional Exemptions

California Overtime Pay Exemptions For Employers

This exemption applies to employees who spend over half their work time managing businesses or departments of a business. Employers most commonly assert the "Executive Exemption" as their legal defense in overtime cases.

This exemption applies to employees who spend over half their work time assisting the proprietor or other exempt individual in "servicing" a business in matters of significance. An administrative employee must work directly with an exempt employee or under only general supervision, and administrative work cannot involve making the products or performing services which the employer sells or markets.

Professional Exemption

The Professional or "Learned or Artistic" Exemption applies to employees who have a license to practice a profession. However, registered nurses, pharmacists, and most school teachers are non-exempt under these laws.

Computer Professional Exemption

Outside Sales Person Exemption

This exemption focuses on the employee's duties and the place where these duties are performed. Under California law, an exempt outside salesperson is someone who regularly spends over half their work time engaged in sales away from the employer's place of business.

The federal law is similar except that it requires that exempt outside salespeople cannot spend over 20 percent of their work time engaged in the work of other non-exempt employees. What this means is that if an employee spends significant time doing other duties other than being away from the business selling, then that employee's job merits significant scrutiny to determine the propriety from the outside salesperson exemption.

For full descriptions of exemptions Click here.

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