Exempt vs. Non-Exempt Employees: Guide to California Law (2021)

Labor Code, § 515, subd. ( a ) ; Cal. Code of Regs., titmouse. 8, § 11040 [ supply that, for each exempt class, the employee must earn “ a monthly wage equivalent to no less than two ( 2 ) times the state minimal engage for full-time employment ” ]. ↥
Labor Code, § 515, subd. ( a ) [ “ The Industrial Welfare Commission may establish exemptions from the prerequisite that an overtime pace of recompense be paid pursuant to Sections 510 and 511 for executive, administrative, and master employees, if the employee is primarily engaged in the duties that meet the test of the exemption, customarily and regularly exercises discretion and autonomous opinion in performing those duties, and earns a monthly wage equivalent to no less than two times the state of matter minimal engage for full-time employment. ” ]. ↥
Labor Code, § 515, subd. ( a ) [ requiring employees to “ customarily and regularly exercises discretion and independent judgment in performing ” the duties of their job ]. ↥
29 U.S.C. § 206 ( a ) ( 1 ) ( C ). ↥

Labor Code, § 1182.12, subds. ( bacillus ) ( 2 ). ↥
Labor Code, § 1182.12, subds. ( barn ) ( 1 ). ↥
San Francisco Admin. Code § 12R.4. ↥
29 U.S.C. § 207. ↥
Labor Code, § 510. ↥
Labor Code, § 510, subd. ( a ) [ “ Eight hours of labor constitutes a day ’ s workplace. Any ferment in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the one-seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay up for an employee. ” ] ; see besides Labor Code, §§ 511, 514, 515. ↥
Labor Code, § 510, subd. ( a ) [ “ Any sour in excess of 12 hours in one day shall be compensated at the rate of no less than doubly the regular rate of pay for an employee. ” ]. ↥
Labor Code, § 512, subd. ( a ) [ “ An employer may not employ an employee for a function period of more than five hours per sidereal day without providing the employee with a meal period of not less than 30 minutes, except that if the entire exercise period per day of the employee is no more than six hours, the meal period may be waived by common consent of both the employer and employee. ” ] ; Cal. Code of Regs., titmouse. 8, § 11050, subd. ( 11 ). ↥
Labor Code, § 512, subd. ( a ) [ “ An employer may not employ an employee for a oeuvre menstruation of more than 10 hours per day without providing the employee with a second meal time period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by reciprocal consent of the employer and the employee only if the first base meal period was not waived. ” ]. ↥
Labor Code, § 512, subd. ( a ). ↥
Labor Code, § 512, subd. ( a ). ↥
Cal. Code of Regs., titmouse. 8, § 11050, subd. ( 11 ) ( A ) [ “ Unless the employee is relieved of all duty during a 30 moment meal time period, the meal period shall be considered an ‘ on duty ’ meal period and counted as time worked. An ‘ on duty ’ meal period shall be permitted entirely when the nature of the sour prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job pay up meal period is agreed to. The written agreement shall state of matter that the employee may, in write, revoke the agreement at any time. ” ]. ↥
Cal. Code of Regs., titmouse. 8, § 11050, subd. ( 11 ) ( B ) [ “ If an employer fails to provide an employee a meal menstruation in accordance with the applicable provisions of this arrange, the employer shall pay the employee one ( 1 ) hour of give at the employee ’ s regular rate of compensation for each workday that the meal period is not provided. ” ]. ↥
See, e.g., Labor Code, § 512, subd. ( vitamin e ) [ exempting certain organized employees from the convention meal break rules under the right field conditions ]. ↥
Labor Code, §§ 512, subd. ( a ), 516, subd. ( a ) [ stating that, with the exception of meal breaks described in Labor Code section 512, “ the Industrial Welfare Commission may adopt or amend working condition orders with respect to break periods ” ]. ↥
Cal. Code of Regs., nipple. 8, § 11040, subd. ( 12 ) ( A ) [ “ Every employer shall authorize and permit all employees to take rest periods, which insofar as operable shall be in the middle of each work period. The authorized pillow period time shall be based on the total hours worked daily at the rate of ten ( 10 ) minutes web rest time per four ( 4 ) hours or major fraction thence. .. . empower rest time period fourth dimension shall be counted as hours worked for which there shall be no deduction from wages. ” ]. ↥
Cal. Code of Regs., titmouse. 8, § 11040, subd. ( 12 ) ( A ) [ “ [ A ] rest time period need not be authorized for employees whose entire casual work time is less than three and one-half ( 3 1/2 ) hours. ” ]. ↥
Cal. Code of Regs., breast. 8, § 11040, subd. ( 12 ) ( B ) [ “ If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this order, the employer shall pay the employee one ( 1 ) hour of pay at the employee ’ s even pace of compensation for each workday that the rest time period is not provided. ” ]. ↥
Labor Code, § 1030 [ “ Every employer, including the state and any political subdivision, shall provide a reasonable amount of break fourth dimension to accommodate an employee desiring to express breast milk for the employee ’ second baby child. ” ]. ↥
Labor Code, § 1030 [ “ The fault clock shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the remainder time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid. ” ]. ↥
See 29 U.S.C § 213 [ federal exemptions ] ; Cal. Code of Regs., titmouse. 8, § 11040, subd. ( 1 ) ( A ). ↥
Labor Code, § 515, subd. ( a ) ; Cal. Code of Regs., breast. 8, § 11040 [ provide that, for each excuse class, the employee must earn “ a monthly wage equivalent to no less than two ( 2 ) times the state of matter minimum engage for full-time employment ” ]. ↥
Labor Code, § 515, subd. ( a ) [ “ The Industrial Welfare Commission may establish exemptions from the requirement that an overtime pace of compensation be paid pursuant to Sections 510 and 511 for executive, administrative, and professional employees, if the employee is primarily engaged in the duties that meet the test of the exemption, customarily and regularly exercises discretion and independent judgment in performing those duties, and earns a monthly wage equivalent to no less than two times the state of matter minimum wage for full-time employment. ” ]. ↥
Labor Code, § 515, subd. ( a ) [ requiring employees to “ customarily and regularly exercises discretion and autonomous judgment in performing ” the duties of their caper ]. ↥
Nordquist v. McGraw-Hill Broadcasting Co. ( 1995 ) 32 Cal.App.4th 555, 562 [ “ Exemptions are narrowly construed against the employer and their application is limited to those employees plainly and unmistakably within their terms. ” ] ; Arnold v. Ben Kanowsky, Inc. ( 1960 ) 361 U.S. 388, 392 [ 80 S.Ct. 453, 456 ] [ “ We have held that [ FLSA ] exemptions are to be narrowly construed against the employers seeking to assert them and their application limited to those establishments obviously and signally within their terms and spirit. ” ]. ↥
Labor Code, § 515, subd. ( a ) ; Cal. Code of Regs., nipple. 8, § 11040. ↥
Labor Code, § 515, subds. ( a ), ( vitamin c ). ↥
Negri v. Koning & Associates ( 2013 ) 216 Cal.App.4th 392, 395 ; Kettenring v. Los Angeles Unified School Dist. ( 2008 ) 167 Cal.App.4th 507, 513⁠–⁠514. ↥
Negri v. Koning & Associates ( 2013 ) 216 Cal.App.4th 392, 398 [ “ Since union law requires that, in orderliness to meet the wage basis test for exemption the employee would have to be paid a preset come that is not discipline to reduction based upon the number of hours worked, department of state law requirements must be at least as protective. ” ] ; Kettenring v. Los Angeles Unified School Dist. ( 2008 ) 167 Cal.App.4th 507, 513⁠–⁠514 [ wage can not be “ topic to reduction because of variations in the quality or measure of the workplace performed ” ], quoting 29 C.F.R. § 541.602 ( a ). ↥
Conley v. Pacific Gas and Elec. Co. ( 2005 ) 131 Cal.App.4th 260, 267 ; 29 C.F.R. § 541.602 ( bel ) ( 1 ). ↥
Conley v. Pacific Gas and Elec. Co. ( 2005 ) 131 Cal.App.4th 260, 267 [ “ It is undisputed that the unite effect of these provisions of federal law is to preclude employers from docking the pay of an employee for an absence of less than a day ( a partial-day absence ). If they do, then the involved employees do not meet the wage basis test, and are nonexempt for purposes of overtime pay. ” ]. ↥
Negri v. Koning & Associates ( 2013 ) 216 Cal.App.4th 392, 400. ↥
Labor Code, § 515, subds. ( a ), ( c ). ↥
Labor Code, § 1182.12, subds. ( a ). ↥
Labor Code, § 1182.12, subds. ( barn ) ( 1 ). ↥
Labor Code, §§ 515, subd. ( a ), 1182.12. ↥
Labor Code § 515 ( a ). ↥
Labor Code, § 515, subd. ( a ) [ “ The Industrial Welfare Commission may establish exemptions from the requirement that an overtime rate of recompense be paid pursuant to Sections 510 and 511 for executive, administrative, and professional employees, if the employee is chiefly engaged in the duties that meet the test of the exemption, customarily and regularly exercises free will and independent sagacity in performing those duties, and earns a monthly wage equivalent to no less than two times the express minimum engage for full-time employment. ” ]. ↥
29 C.F.R. § 541.2 ; Negri v. Koning & Associates ( 2013 ) 216 Cal.App.4th 392, 398 [ “ [ S ] tate police requirements for exemption from overtime pay must be at least as protective of the employee as the represent federal standards. ” ]. ↥
Labor Code, § 515, subd. ( e ) [ “ For the purposes of this section, ‘ primarily ’ means more than one-half of the employee ’ south worktime. ” ]. ↥
Labor Code, § 515, subd. ( a ) ; Cal. Code of Regs., titmouse. 8, §§ 11010⁠–⁠11170 [ engage orders of the California Industrial Welfare Commission ]. ↥
Cal. Code of Regs., breast. 8, §§ 11010⁠–⁠11150, subds. ( 1 ) ( A ) ( 2 ) [ defining administrative employee under California law ]. An employee might besides be considered administrative if they perform “ functions in the presidency of a school system, or educational establishment or institution, or of a department or subdivision thereof, in employment directly related to the academic direction or training carried on therein. ” ( Id. ) ↥
29 C.F.R. § 541.201 ( a ). ↥
29 C.F.R. § 541.201 ( bel ). ↥
Cal. Code of Regs., titmouse. 8, §§ 11010⁠–⁠11150, subds. ( 1 ) ( A ) ( 1 ) [ defining executive employee ]. ↥
29 C.F.R. § 541.102. ↥
“ Teaching ” for these purposes alone applies to teaching under a security from the Commission for Teacher Preparation and Licensing or teaching in an accredit college or university. ( Cal. Code of Regs., breast. 8, § 11040, subd. ( 2 ) ( R ). ↥
Cal. Code of Regs., nipple. 8, §§ 11010⁠–⁠11150, subds. ( 3 ) ( A ). ↥
Cal. Code of Regs., titmouse. 8, §§ 11010⁠–⁠11150, subds. ( 3 ) ( B ). ↥
29 C.F.R. § 541.300 [ defining professional employee under the union FLSA ] ; Cal. Code of Regs., titmouse. 8, §§ 11010⁠–⁠11150, subd. ( 1 ) ( A ) ( 3 ) [ defining professional employee under California law ]. ↥
Labor Code, § 515, subd. ( fluorine ) ( 1 ). ↥
Labor Code, § 515, subd. ( a ). ↥
29 C.F.R. § 541.202 ( a ) [ “ In general, the exercise of discretion and mugwump opinion involves the comparison and the evaluation of potential courses of behave, and acting or making a decision after the versatile possibilities have been considered. ” ]. ↥
29 C.F.R. § 541.202 ( deoxycytidine monophosphate ) [ “ The drill of delicacy and independent judgment implies that the employee has authority to make an independent choice, free from immediate steering or supervision. however, employees can exercise delicacy and independent opinion even if their decisions or recommendations are reviewed at a higher level. ” ]. ↥
Cal. Code of Regs., nipple. 8, §§ 11040, subd. ( 3 ) ( D ), 11070, subds. ( 3 ) ( D ). ↥

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Labor Code § 204.1 defines commissions as “ compensation paid to any person for services rendered in the sale of such employer ’ s property or services and based proportionately upon the total or prize thereof. ” ( See besides Areso v. CarMax, Inc. ( 2011 ) 195 Cal.App.4th 996, 1003. ↥
See Labor Code, § 2751, subd. ( deoxycytidine monophosphate ) [ excluding short-run productivity bonuses, bonus and profit-sharing plans that are not based on a fixed percentage of sales or profits, and “ [ thymine ] emporary, variable incentive payments that increase, but do not decrease, payment under the written shrink ” from the statutory definition of a commission ]. ↥
Memorandum ra Overtime Exemption for license Physicians and Surgeons ( Oct. 22, 2019 ), available here ( Opens in modern window ) ↥
Labor Code, § 515.6 [ “ segment 510 shall not apply to any employee who is a license doctor or surgeon, who is chiefly engaged in duties that require licensure pursuant to chapter 5 ( commencing with Section 2000 ) of Division 2 of the Business and Professions Code, and whose hourly rate of pay is equal to or greater than fifty-five dollars ( $ 55.00 ). The department shall adjust this doorsill rate of pay each October 1, to be effective the postdate January 1, by an amount equal to the percentage addition in the California Consumer Price Index for Urban Wage Earners and Clerical Workers. ” ]. ↥
Labor Code, § 515.6, subd. ( barn ). ↥
Labor Code, § 515.5. ↥
Labor Code, § 515.5, subd. ( a ) ( 1 ). ↥
Labor Code, § 515.5, subd. ( a ) ( 1 ). ↥
Labor Code, § 515.5, subd. ( a ) ( 3 ). ↥
Labor Code, § 515.5, subds. ( a ) ( 2 ) ( A ) – ( C ). ↥
Labor Code, § 515.5, subd. ( a ) ( 4 ) ; Memorandum re Overtime Exemption for Computer Software Employees ( Oct. 22, 2019 ), available here ( Opens in new window ). ↥
Labor Code, § 515.5, subd. ( a ) ( 4 ) ; Memorandum re Overtime Exemption for Computer Software Employees ( Oct. 22, 2019 ), available here ( Opens in modern window ). ↥
Labor Code, § 515.8. ↥
Cal. Code of Regs., breast. 8, §§ 11010⁠–⁠11170, subds. ( 1 ) ( C ). ↥
Cal. Code of Regs., breast. 8, §§ 11010⁠–⁠11170, subds. ( 2 ) ( M ). ↥
See, e.g., Cal. Code of Regs., titmouse. 8, § 11090 ( 3 ) ( L ). ↥
Cal. Code of Regs., breast. 8, § 11090 ( 3 ) ( L ) ; 49 C.F.R. §§ 395.1⁠–⁠395.13 ; Cal. Code of Regs., breast. 13, § 1200, et seq. ↥
See 49 C.F.R. §§ 395.1⁠–⁠395.13. ↥
See Cal. Code of Regs., titmouse. 13, § 1200, et seq. ; understand besides Collins v. Overnite Transp. Co. ( 2003 ) 105 Cal.App.4th 171, 175. ↥
Labor Code, § 514. ↥
Labor Code, § 514. ↥
Labor Code, § 514. ↥
Labor Code, § 1173. ↥
Cal. Code Regs., breast. 8, § 11150, subd. 3. ↥
Cal. Code Regs., breast. 8, § 11050, subd. 3. ↥
Cal. Code Regs., breast. 8, § 11050, subd. 3. ↥
Cal. Code Regs., breast. 8, § 11050, subd. 3. ↥
Cal. Code Regs., nipple. 8, § 11050, subd. 3. ↥
Cal. Code Regs., titmouse. 8, § 11050, subd. 3. ↥
Cal. Code Regs., nipple. 8, § 11140, subd. 3. ↥
See, e.g., Cal. Code Regs., nipple. 8, § 11040, subd. 1 ( D ). ↥
Nordquist v. McGraw-Hill Broadcasting Co. ( 1995 ) 32 Cal.App.4th 555, 562 [ “ Exemptions are narrowly construed against the employer and their lotion is limited to those employees obviously and unmistakably within their terms. ” ]. ↥
Ramirez v. Yosemite Water Co., Inc. ( 1999 ) 20 Cal.4th 785, 794⁠–⁠795 [ “ [ T ] he assertion of an exemption from the overtime laws is considered to be an affirmative defense, and consequently the employer bears the burden of proving the *795 employee ’ mho exemption. ” ]. ↥
Labor Code, §§ 204, 510, subd. ( a ) [ “ Eight hours of department of labor constitutes a day ’ sulfur sour. Any study in excess of eight hours in one workday and any exercise in surfeit of 40 hours in any one workweek and the beginning eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of give for an employee. ” ] ; see besides Labor Code, §§ 511, 514, 515. ↥
Labor Code, §§ 204, 1194, subd. ( a ). ↥
Labor Code, § 1194, subd. ( a ). ↥
Labor Code, §§ 204, 210, 225.5. ↥
Labor Code, §§ 210, 225.5 ; Labor Code, §§ 2698⁠–⁠2699.5. ↥
Labor Code, § 512, subd. ( a ). ↥
See, e.g., Cal. Code of Regs., titmouse. 8, §§ 11010⁠–⁠11150, subds. ( 11 ) ( B ). ↥
Labor Code, § 226.7, subd. ( coke ) ; Cal. Code of Regs., nipple. 8, §§ 11010⁠–⁠11150, subds. ( 11 ) ( B ), ( 12 ) ( B ). ↥
United Parcel Service, Inc. v. Superior Court ( 2011 ) 196 Cal.App.4th 57, 69. ↥
Labor Code, § 226. ↥
Labor Code, § 226, subd. ( vitamin e ) ( 1 ). ↥
Labor Code, § 226, subd. ( east ) ( 1 ) [ “ An employee suffering wound as a consequence of a know and designed bankruptcy by an employer to comply with subdivision ( a ) is entitled to recover the greater of all actual damages or fifty dollar bill dollars ( $ 50 ) for the initial pay period in which a irreverence occurs and one hundred dollars ( $ 100 ) per employee for each rape in a subsequent pay period, not to exceed an sum punishment of four thousand dollars ( $ 4,000 ), and is entitled to an award of costs and reasonable lawyer ’ randomness fees. ” ]. ↥
Labor Code, § 203, subd. ( a ) ; see McLean v. State of California ( 2016 ) 1 Cal.5th 615, 619 [ “ An ’ employer ’ that ‘ willfully fail to pay ’ in accord with sections 201 and 202 ‘ any wages of an employee who is discharged or who quits ’ is capable to alleged waiting-time penalties of up to 30 days ’ wages. ” ]. ↥
See Reynolds v. Bement ( 2005 ) 36 Cal.4th 1075, 1084 [ “ The employee may seek judicial easing by filing an average civil action against the employer for transgress of sign and/or for the wages prescribed by codified. [ Citations. ] Or the employee may seek administrative easing by filing a wage claim with the commissioner pursuant to a especial statutory scheme codified in [ Labor Code ] sections 98 to 98.8. ” ]. ↥
Code Civ. Proc., § 338, subd. ( a ) [ legislative act of limitations : “ Within three years : ( a ) An action upon a liability created by legislative act, other than a penalty or forfeiture. ” ] ; Aubry v. Goldhor ( 1988 ) 201 Cal.App.3d 399, 404 [ “ [ A ] nitrogen employer ’ s obligation to pay overtime compensation to his employee would not exist but for the Labor Code. An action to enforce that obligation therefore is governed by the three-year legislative act of limitations. .. . ” ]. ↥
Cuadra v. Millan ( 1998 ) 17 Cal.4th 855, 859. ↥
Cuadra v. Millan ( 1998 ) 17 Cal.4th 855, 859. ↥
Code of Civ. Proc., § 339. ↥
See Code Civ. Proc., § 340, subd. ( a ) [ codified of limitations : “ Within one class : ( a ) An legal action upon a legislative act for a penalty or forfeit, if the natural process is given to an individual, or to an individual and the country, except if the legislative act imposing it prescribes a different limitation. ” ]. ↥
Pineda v. Bank of America, N.A. ( 2010 ) 50 Cal.4th 1389, 1392⁠–⁠1401. ↥
Code Civ. Proc., § 337, subd. ( 1 ) [ “ Within four years : 1. An action upon any compress, obligation or liability founded upon an instrument in write. .. . ” ]. ↥

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Bus. & Prof. Code, § 17208. ↥
See Bus. & Prof. Code, § 17203 ; Cortez v. Purolator Air Filtration Products Co. ( 2000 ) 23 Cal.4th 163, 178 [ “ [ A ] normality orderliness that a business give to an employee wages unlawfully withheld is consistent with the legislative captive underlying the authorization in section 17203 for orders necessary to restore to a person in concern money or property acquired by means of an unfair business practice. ” ]. ↥
29 U.S.C. § 255 ( a ). ↥

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