WHAT IS THE ADMINISTRATIVE EXEMPTION FROM OVERTIME PAY?
The “administrative exemption” applies to white-collar employee who is considered to be employed in an administrative capacity. If your employer misclassified you as a salaried employee and did not pay you overtime based on the administrative exemption, then your employer needs to show the following to proof you are exempted from overtime pay based on the administrator exemption:
- You earn a monthly salary more than twice the state minimum wage for full-time employment. Full-time employment is defined in Labor Code ‘515(c) as 40 hours per week.
- Your duties and responsibilities involve the performance of office or non-manual work directly related to management policies or general business operations of your employer or your employer’s customers; and
- You customarily and regularly exercises discretion and independent judgment; and
- You regularly and directly assist a proprietor, or an employee engaged in a bona fide executive or administrative capacity.
- You perform under only general supervision work along specialized or technical lines requiring special training, experience or knowledge; or
- You execute under only general supervision special assignments and tasks; and
- You are primarily engaged in duties that meet the test of the exemption.
The commissioner opinion letter stated “The activities constituting exempt work and non-exempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of [June 30, 2000]: 29 C.F.R. Sections 541.201-205, 541.207-208, 541.210, and 541.215. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of the workweek must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic expectations and the realistic requirements of the job shall be considered in determining whether the employee satisfies the requirement.”
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