Please enable Cookies and reload the page. California Labor Code section 515.5 exempts certain computer software professionals from overtime compensation if they receive specified minimum compensation. Example: Rex works for a company that sells robotic equipment. Shouse Law Group is here to help you fight back. 2 Labor Code, § 515, subd. (S/he is performing specialized work under general supervision. 8 CCR 11010(2)(c)-(e) – Administrative exemption regulations. See, e.g., Hill v. R+L Carriers, Inc., supra note 19, at 1005. (There are also an “executive exemption” and a “professional exemption” from overtime laws. Tanya does exempt work. She is not allowed to handle customer complaints. Employees who don’t fall under the administrative exemption must be paid overtime when they work, Overtime means time and a half—or in some cases double the regular hourly pay.34, A non-exempt employee who is wrongly classified as exempt can sue his/her employer for unpaid overtime. They have to engage in the type of management/business work listed above.14. 5. So for most employees to be exempt under LC 515, they must earn a monthly salary of over $4,000 per month. for full-time employment. How to clear a bench warrant in California without going to jail? 2.1. She also has to consult a manager before disciplining a driver. Copyright © 2020 Shouse Law Group, A.P.C. California Labor Code Sec. The vagueness comes from requiring that the employee be “highly skilled” and “proficient” in “theoretical and practical application of highly specialized information to computer systems analysis, programming, and software engineering.” Most of his work is management work. See United Parcel Service Wage & Hour Cases (2010) 190 Cal.App.4. They may still be exempt administrative employees.17, Most employees also have superiors review their decisions. The “administrative exemption” is the rule under California and federal law that CA overtime laws do not apply to administrative employees. Shouse Law Group › Labor Law Attorney › Wage and Hour › Administrative Exemption. (3) Professional Exemption. • 8 CCR 11010(2)(a)(i) – Administrative exemption regulations. California’s Department of Industrial Relations (DIR) has announced its rate increase for this minimum, effective January 1, 2017.. To comply with the section 515.5 exemptions, California employers must pay otherwise qualified … The California Labor Code, more formally known as "the Labor Code", is a collection of civil law statutes for the State of California.The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of the State of California. United Parcel Service Wage & Hour Cases (2010) 190 Cal.App.4th 1001, 1025-26. In some areas, however, it is silent as to its application to public employers. 8, § 11040. S/he can collect the unpaid overtime pay. What is “sextortion” under California law? Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Labor Code, § 1033.↥ Labor Code, § 226.7, subd. )7, Overtime is not the only employment law area where the administrative exemption applies. Employers will owe one hour’s pay for each meal or rest break the employee should have received.36. Sometimes employers wrongly classify a large group of employees under the administrative exemption. S/he would not exercise the independent judgment required for the exemption.19. An insurance claim adjuster who conducts interviews, inspects property damage, and evaluates claims. An employee can file a wage/hour lawsuit to collect this pay. 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