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Such work should be predominately intellectual and varied in character. Learned or artistic profession means a field requiring an advanced degree (Masters or higher) or work that is creative in nature. They work at an occupation commonly recognized as a learned or artistic profession.They are licensed by the State of California and working as a lawyer, doctor, engineer, dentist, accountant, etc.Professional: An employee is considered to be an exempt professional if: They are paid a weekly salary equal to at least 2 times the state minimum wage x 40 hours.They perform the above more than 50% of the time.They regularly and directly assist a proprietor or administrative employee or perform special assignments or work requiring specializing training or knowledge, under only general supervision.They perform office or non-manual work related to management policies or general business operations.Engage in these activities more than 50% of the timeĪdministrative: A person is considered to be employed in an administrative capacity if:.Exercise discretion and independent judgment.Have the authority to hire or fire employees or significant influence in the hiring or firing of employees.Direct the work of 2 or more employees or the equivalent of 80 hours per week of subordinate time.Manage the business or a recognized department or division of the business.Some specific exemptions from the California overtime and labor law requirements are:Įxecutive: To be exempt as an Executive, you must be paid a weekly salary equal to at least 2 times the state minimum wage x 40 hours and: In addition, bonuses, commissions, and incentives cannot be used to meet the minimum salary requirement. This is not a requirement under federal law. For example, the most common salaried overtime exemptions require that the employee spend at least 50% or more time on exempt duties. If the job falls within an exempt classification, the employee can lose rights to the following:Ĭalifornia has more rigorous exemption requirements than federal law. Some jobs are considered exempt from the overtime and labor law requirements. When Overtime Doesn’t Apply / Specific Exemptions The following fields cannot be required to work more than 72 hours in a week: Professional, Technical, Clerical, Mechanical (Wage Order 4) Harvest Product Handlers (Wage Order 8) Agricultural Positions (Wage Order 13) and On-site Construction, Drilling, Logging & Mining (Wage Order 16). However, under CA state law, there are a few restrictions on mandatory overtime. Generally, employers are free to schedule employees for as many hours as they want. Any work in excess of 8 hours on the 7th consecutive day at 2 times regular rateįor further discussion on California overtime pay laws, see this page.Any work in excess of 12 hours per day at 2 times regular rate.First 8 hours on the 7th consecutive day worked at 1 ½ times regular pay rate.Any hours worked over 40 per week at 1 ½ times regular pay rate.Any hours worked over 8 per day at 1 ½ times regular pay rate.California Labor Laws require overtime pay to be paid to non-exempt employees under the following circumstances: