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California Overtime
Pay Laws Exemptions 
Computer
Professional Exemption, Professional Exemptions
Find
information on California overtime pay
exemptions
Overtime Pay
Exemptions For Employers
"Exemptions" are
employers' legal defenses to paying overtime pay. The
employer carries the burden of proving these defenses in
court to prevent recovery of overtime pay.
An employer must pay overtime pay unless it can prove that
an employee is "exempt" from the overtime requirements.
"Exempt" employees do not get overtime pay. The exemptions
are briefly listed as follows.
Overtime Pay
Exemptions
The Executive Exemptions
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.
Overtime Pay
Exemptions
The Administrative Exemptions
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.
Overtime Pay
Exemptions
The 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.
Overtime Pay
Exemptions
The Computer Professional Exemption
This exemption applies to
employees who work in highly theoretical aspects of computer
software and make over $41.00 an hour.
Overtime Pay
Exemptions
The 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.
California Labor
Lawyers Harris & Kaufman Can Help
Harris & Kaufman is a
California law firm that's dedicated to representing
employees in disputes against their employers to do with
overtime pay exemptions in California. Our
California
labor lawyers also
represent employees and workers in wage disputes,
overtime
pay,
vacation
pay, unlawful
termination, rest and meal period cases, sexual harassment,
workplace discrimination, and cases regarding tips and tip
pooling. Our lawyers can assist you if you believe that your
employer has broken the California Labor Laws.
Our employment attorneys are experienced and have had
numerous trials, arbitrations, and appeals and have
litigated on behalf of thousands of employees.
Harris & Kaufman has represented workers in state and
federal court and in administrative proceedings before the
California Labor Commissioner. Determined and aggressive,
our cases include individual disputes and
class
action lawsuits.
We can assist you with a wide variety of workplace disputes
to do with the California pay laws. We are aggressive and
experienced lawyers and can help enforce your rights under
California state law or state regulations. Based in Sherman
Oaks, California we serve greater Los Angeles, Orange
County, Ventura County and have cases statewide.
To
email William E. Harris about a claim you may have
Click
Here
Overtime
Pay Exemptions Page Summary: California Labor
Lawyers Harris & Kaufman law firm can assist you with
the California Labor Laws to do with overtime pay
exemptions. These exemptions include the computer
professional exemption, outside sales person exemption, the
professional exemption, executive exemptions and
administrative exemptions. California overtime laws
article.
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