Media13.com is a source of free to republish or reprint articles, writers may submit your articles in our database as long so you agree that your article will be freely republish or reprint by other.

Submit Article

Search our database

Received article from us.

Name

Email Address

Friends

Bollywood News
Link building
Article submission service
Freelance Writers
Laser hair removal

We have been looking for freelance writers. Contact us

California Exemptions: Are you REALLY Exempt from Overtime Pay?

One of the most common and often expensive mistakes an employer can make is to misclassify their employees as being exempt from overtime, if they are, in fact, non exempt employees by law. Exempt employees are often referred to as salaried employees and in very basic terms it means that the employee is therefore is not eligible for overtime. California labor law addresses what criteria are necessary in order to classify employees properly. This law relates specifically to the California administrative exemption, the California professional exemption, the California executive exemption, and the California outside sales exemption. “California” is stressed because the federal labor laws are slightly different than those of the state of California. As an employer or employee it is wise to educate yourself on your state’s employment laws or the consequences could be costly.

It’s also important to note that in California, whenever a labor law dispute is brought to court, the burden of proof is on the employer. This means it is the employer’s responsibility to prove that they are not guilty of the violations they are accused of committing. Lastly, and most importantly, for the most part, the actual job duties that an employee performs determine whether or not they are exempt, not the job title given to them.

The California administrative exemption statute states that in order for an employee to be classified as exempt the employee must perform office work or non manual work that is directly related to policy shaping or business operations. This means that the employee must have the power to issue and enforce company policy. It does not necessarily apply to workers that are allowed to exercise discretion in their daily job function, within the parameters or guidelines of existing company policy. This can be confusing, but a very generic example of California administrative exemption may be helpful. A non exempt employee does not have the authority to create new rules that other company employees must follow, but an exempt employee would have this authority.

The California professional exemption most commonly refers to professional occupations that require a California state license, such as dentistry, engineering, optometry, law, medicine, architecture, teaching, or accounting. However, nurses and pharmacists are rarely included as exempt under the California professional exemption law. The most common mistake among employers is to misclassify employees that have not yet received their licensing from the state.

The most frequently used defense by employers is that their employee can be classified exempt under the California executive exemption. Although, it is actually the hardest exemption to qualify for because it requires that the employee perform ALL of a long list of criteria named in the labor law, not just some. To be more specific, the California executive exemption requires that the exempt employee have the ability to hire or fire other employees or at least have a highly valued opinion in this matter. It also requires that the employee directly manages the work of two or more employees or the equivalent of 80 hours a week. This exempt employee must be in charge of the entire department or unit they are managing and regularly exercise discretion and independent judgment on the job. This employee must also be paid a salary of twice the California minimum wage.

The California outside sales exemption differs slightly from federal law in that California does not regard “exempt work” duties incidental to the employee's sales or solicitations, including incidental deliveries and collections. This difference in law is significant for route salespeople and others who perform many other functions in an average day, such as delivery, repair, and maintenance. California outside sales exemption applies to an adult worker that spends over half his or her time away from the employer’s place of business selling or taking orders for an actual product or service. The final area that is different about the California outside sales exemption from the other California exemption laws is that is does not require that the salary be “twice the minimum wage amount”. Often times these jobs have opportunity for commissions or bonuses.

With such specific regulations to comply with, it is extremely important that as an employer or as an employee you are well aware of how to classify yourself or others. Under California law, the employee has up to four years to file a lawsuit to claim any wages that were not paid as a result of being misclassified as exempt from overtime. Additionally, if the court finds that the employer knowingly and intentionally misclassified the employee, the financial ramifications can be exceedingly detrimental. As an employee if you suspect you have been misclassified, you may want to contact the California Labor Board or a California labor law attorney to help you claim the money that is owed to you.

Author Info:

Lars Vheltzer is a freelance journalist who comments on California professional exemption and California executive exemption guidelines. Lars also advises that sales employees be informed about the California outside sales exemption.

Latest 20 articles

Most Common California Overtime Law Violations – Find Out Now! Before discussing the California overtime law, it’s important to know who is eligible to receive overtime. There are two types of employees: “exempt” and “non-exempt”. Exempt employees are often referred to as salaried employees and non- exempt employees are often referred to as hourly employees. However, an employee may be salaried and still be considered non-exempt and entitled to overtime. Exem

Attention IT Pros: The California New Overtime Law – What’s the Impact? California overtime laws were created to protect the California workforce and ensure an employee’s standard of living with a reasonable work week schedule. In keeping with this “reasonable” work week concept, there were also strict guidelines for California overtime wages established to protect California employees. In general, under California overtime laws, if a non-exempt employee works more th

Lush Lawns, The professional Way Are you one of those people who give more importance to internal beauty that superficial appearance? Well, while it may be a good thought talking so about individuals, when it comes to your abode the idea needs correction. Picture this. Your new house looks beautiful complete with the designed interiors and great furniture, but the area outside is nothing but an eyesore. It will definitely kill th

Discipline Your Pet in a Ziffy We all love pets, don’t we? Having a pet is therapeutic; it not only entertains and alleviates worries but also makes up for a very good companion. Playing with the pet is soothing and scientists vouch for the unlimited benefits, both physical and psychological a human receives by being with a pet. Having a pet teaches the children the virtues of caring and sharing, and instills in them a sens

Underground fencing to keep your Pet In A pet is a cute addition to a family and brings about a new zeal to life. Playing with the pet is one of the biggest stress busters, and alleviates worries like nothing else. It also makes up for a good and faithful companion along with doubling up as a playmate for the kids. However, just as the pet brings joy and happiness to our lives, we must also ensure that it is taken care of. Keeping a pe

Train Your Dog the way Vets recommend Pets are perhaps one of the most cherished companions by kids and adults alike. They are not just cute but also therapeutic for the nerve-calming effect they have on people. The safety factor that a pet such as dog provides cannot be overlooked. Pets are selfless creatures; however keeping one requires maintenance and keeping up to the regime to keep the pet healthy and safe. This is because when

Dog Trainer in Your Lawn! Are you one of those proud pet owners who can go any lengths to ensure the safety and well being of your pet? If you own a pet you must be concerned about its health and lifestyle. Having a pet can bring about positive changes in the lives of the family members, but it also becomes the responsibility of the owners to look after the needs of the pet. Many pet owners commit the mistake of keeping th

California Employee Break Laws: Know Your Rights! All over the United States, as well as in the State of California, Americans began developing labor laws during the industrial age to set standards of what was acceptable in the work place. During this time in our country, child labor and 16 hour days without breaks were commonplace. As time progressed, workers began to stand up for their rights in their workplace, fostering the progress that has

California Exemptions: Are you REALLY Exempt from Overtime Pay? One of the most common and often expensive mistakes an employer can make is to misclassify their employees as being exempt from overtime, if they are, in fact, non exempt employees by law. Exempt employees are often referred to as salaried employees and in very basic terms it means that the employee is therefore is not eligible for overtime. California labor law addresses what criteria are necess

Pet Stuff Warehouse - Your home for all your pet supplies Dogs are a joy to have at home. It feels so good to come home to a cute little fur ball who loves you unconditionally and asks so little in return. Playing with our dogs is not only fun, but it also eases the stress of the day and makes us feel happier. But besides being fun to play with, a pet dog is also our responsibility and it is your duty as his owner to provide him with best possible car

When You Need California Brain Injury Lawyers: SUV Rollovers and Truck Crashes! It is well known fact that California has a substantial amount of traffic and that motor vehicle accidents occur daily. What might not come to mind immediately is that a good portion of those accidents involve SUV’s and Big Rig trucks. These SUV crashes or truck crashes often times result in injury. The NHTSA reported that there were 5,987,000 non fatal accidents in 2007; of which 2,491,000 of tho

IRS Offer in Compromise – Can It Solve Your IRS Tax Debt Problems? Taking on IRS tax debt is a daunting task that presents many confusing issues. The majority of taxpayers are aware of the option to pay their IRS tax debt in full or pay the tax debt in monthly payments or installments. But there is another option, the IRS “Offer in Compromise.” Knowing the steps to success with an IRS Offer in Compromise, also commonly called IRS tax settlement is important, bec

IRS Tax Debt Settlement Help – When You Need Expert Tax Debt Help With the recent downturn in the economy, Americans find themselves not only facing unsecured credit card debt problems, and difficulties handling their home and vehicle loans, but oftentimes unable to pay their IRS taxes in a timely manner. There is IRS tax debt help available to anyone who finds they owe money for back income taxes to the Internal Revenue Service. The federal government offers

Hidden Dog Fence for your dog Almost everyone who has a pet at home knows value of added exercise and the troublesome task of confining him within the boundaries of their own property. This task is especially difficult with dogs as they take it as a personal challenge to try and defy the fence boundaries. However, you can train your dog to respect his boundaries with the help of an invisible, underground wired dog fence /

Top Dog Containment Solution to make you Worry Free Is your dog driving you crazy? Are you sick of listening to your neighbors’ complaints about your dog running around in their yard? Then you are not alone; almost every pet owner suffers with this problem. Often they confine their dogs to the house due to fears that their dog may wander away. This is a valid fear, as dogs, especially the ones who are new to the house or have not been trained prope

Outdoor Services in Virginia A front lawn is the face of a house and no matter how beautifully you have decorated your house, if your lawn is not beautiful then all your efforts will be useless. It is very important to take care of your lawn because, as it is said, “the first impression is the last impression”. For most people, lawn care is a very tedious task. Most people don’t have the time or energy to spend hours in th

Hidden Dog Fence – Perfect Dog Containment Solution Does your dog refuse to listen to you? Are you tired of telling your dog to not go outside the confines of your house? Does chaining or locking up your dog makes you feel guilty? Is your dog ruining the interior of your house because you cannot let him go in the yard because you are afraid to let him out? Then stop worrying! The perfect solution for all these problems is here. There is a pet co

Debt Settlement: Your Bankruptcy Alternative? There are several different paths you can travel to achieve effective credit card debt reduction and pursue living a debt free life. The method which will be covered here is called debt settlement, and there are numerous debt settlement services to choose from if you determine this is the “debt recovery path” you are going to take. Credit card debt settlement is a credit card debt reduction solu

Los Angeles Brain Injury Lawyers Assist California Motorcycle Accidents Victims Last year over 6,686,147 motorcycles were registered within the United States and the number of registrants has been steadily increasing by at least 7% each year since 2003 according to the NHTSA. Consequently the NHTSA also reported that nation wide last year there were 103,000 motorcycle injuries that did not result in a fatality and California has the second highest motorcycle fatality rate in