Aside from section 514, another exemption from overtime pay exists that the law classifies as an administrative exemption that focuses on executive, administrative and professional employees. Workers might call it the white-collar exemption, and it’s found at section 515 of the California Labor Code. The general rule is that exempt employees are required to “earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.” For purposes limited to this exemption, full-time employment would be no less than 40 hours per week. The allegedly exempt employee can’t be performing manual work, and must customarily use his or her judgment and discretion when performing the duties of their job.
A 40 Hour Week Isn’t Required
The 40-hour work week doesn’t necessarily mean that an employee who is exempt under section 515 needs to work 40 hours per week. His or her minimum salary need only remain at the same pay rate. An employee who suffers a pay rate cut won’t be exempt from overtime compensation. Very few exceptions exist in the context of maintaining an employee’s minimum salary for purposes of exempting him or her from overtime pay rates.
Nurses
Certain types of nurses are exempt from overtime pay under section 515. Those include certified nurse midwives, nurse practitioners and nurse anesthetists.
If you believe that your employer is taking advantage of your status as an employee who is allegedly exempt from overtime pay, contact us for a consultation with a knowledgeable and experienced California employee attorney. That employer can’t walk on both sides of the fence.
Contact our California Labor and Employment Lawyers today.
