WHAT ARE THE EXEMPTIONS FROM OVERTIME PAY?
In the state of California, an employer is required to pay overtime unless it can prove that an employee falls under an exemption of the overtime law requirements. Employees who are “exempt” do not receive overtime pay. Exemptions include:
- Executive Exemption – employees who spend half of their work time managing businesses or departments of a business, customarily and regularly exercises discretion and independent judgment, direct 2 employee or more, and have authority to hire and fire.
- Administrative Exemption – employees who spend over half of their work time assisting the owner or other exempt individual with their business, and customarily and regularly exercises discretion and independent judgment.
- Professional Exemption – employees who have certain licenses to do a profession
- Computer Software Professional Exemption – work in highly theoretical areas of computer software and make over $41/hour
- Outside Salesperson Exemption – employees who normally work away from the office making sales
If you do not fall under any of these exemptions and have worked more than 40 hours a week or 8 hours a day then you may be entitled to receive overtime pay. Contact the wage and overtime lawyers at the Rawa Law Group for more information and to discuss your case in detail. If you are unsure the difference between exempt employee and non-exempt employee contact us.
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