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HR Disciplines

CALIFORNIA- SUMMARY TESTS FOR EXEMPT V. NON-EXEMPT STATUS


PROFESSIONAL Exemption-

Hourly (Non Exempt) 에서 Salary (Exempt)가 되기 위하여는 아래의 모든 사항들이 충

족되어야  합니다.


While an employee may be commonly considered a "professional," there are specific legal requirements that must be met to qualify for the professional exemption.



A. Must be licensed or certified by the State of California and primarily engaged in the practice of

Law, Medicine, Accounting, Teaching, Optometry, Architecture, Engineering, or Dentistry


OR


Primarily engaged (spending at least 50% of time) in an occupation commonly recognized as a learned

or artistic profession. “Learned or artistic” is defined as work requiring knowledge of an advanced type

in a field of science of learning customarily acquired by a long course of study, or

work that is original and creative in character in a recognized field of artistic endeavor, the result of

which depends on the talent of the employee, or work that is an essential part of any of the above

work; and




B. Whose work is primarily intellectual and varied, as opposed to routine mental, manual, mechanical,

or physical; The work is such that the output or result cannot be standardized in relation to a given

period of time, varied in character such that the output produced or the result accomplished cannot

be standardized in relation to a given period of time.


C. Consistent exercise of discretion and independent judgment.


D. Must earn on a salary basis at least twice the CA state minimum wage, currently $2773.33 per month.




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92 Travel Time Policy - good example 1 - may be good for your company too. HR Consultant 2012.01.22 582
91 Investigation Interview Protocol for Employee Interview HR Consultant 2011.12.31 589
90 Office Refrigerator Etiquette HR-Consultant 2012.07.01 594
89 Employers must post the employee notice 10 days before a statewide election - form attached HR-Consultant 2012.07.07 600
88 California Overtime Violations FAQ - What is considered a "work week?" HR-Consultant 2012.07.07 600
87 U.S. offers tips on avoiding overtime pay HR-Consultant 2012.07.07 606
86 Sexual Harassment- Key Elements of Investigation Procedures HR Consultant 2011.12.31 607
85 California Overtime Violations FAQ - Can my employer require me to work overtime? HR-Consultant 2012.07.07 609
84 Liability and Relationships - Office Relationships-Supervisors & Subordinates HR Consultant 2011.12.28 612
83 Sexual Harassment- Complaint Procedures HR Consultant 2011.12.31 614
82 Travel Time Policy - good example 3 - League of Minessota Cities HR Consultant 2012.01.22 615
81 Rest Break Compliance HR Consultant 2012.03.31 615
80 Examples of Conduct that May be Unlawful HR Consultant 2011.12.28 616
79 Travel Time Policy - 노동청의 규정은 어떻게 되어 있을까요? HR Consultant 2012.01.22 616
78 Meeting Protocol and Integrity HR-Consultant 2012.06.04 616
77 SB 459: Penalties for employers who misclassify employees as independent contractors. HR Consultant 2011.12.18 618
76 Wage - Time Clock Payment 에 관한 알아두면 좋은 상식 HR Consultant 2012.03.31 618
75 California Overtime Violations FAQ - I don't supervise anyone. How can I determine whether I have been misclassified as exempt? HR-Consultant 2012.07.07 619
74 Employee vs. Independent Contractor – Seven Tips for Business Owners HR Consultant 2011.12.18 622
73 Best Practices for Limiting Employer Liability (가장중요한 대책들입니다.) HR Consultant 2012.01.02 622