How does an employer establish an employee’s exception status in California? I briefly read the "Professional Exemption" requirements and the document states one must meet ALL four. The first requirement states:
Who is licensed or certified by the State of California and is primarily engaged in the practice of one of the following recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting...
If one is un-licensed in the state of California, therfore "non-exempt", can an employer legally state your employment is conditional to your signing of an "exemption wavier"?
...but it is a VERY common practice for firms not to pay overtime, or to say they operate on "comp time" but never actually follow through. The unfortunate thing with this situation is that you can make a stink about it, and you'd be legally right to, but they can find five other employees willing to work under their terms so they don't necessarily have any incentive to cave to you.
j, that's my understanding as well. rantionalist, i think that you are right. Although, they do risk legal action. But, who would risk "career suicide" taking FOG to court.....
Make sure you are using the current exemption test. The Bush administration changed the rules about a year ago, after which our attorney advised us to consider all interns exempt.
Exemption is indeed based purely on the employment circumstances, and cannot be established by mutual agreement. So it doesn't matter what you sign or don't sign. If you really want to know for sure, you can call the DOL and ask for a ruling based on your individual situation.
Based on my earlier research on this matter, I believe your employment status(exempt or non-exempt) is based on what you really do at work, and not based on your title. I forgot which section of the california labor code I read this, but there was a certain percentage of time you must spend doing executive or managerial level work to be considered Exempt-Employee. So, even if you get hired with the "manager" title, if don't really have a part in the decision making process of your work, then I think your just another non-exempt employee. I think California a more stringent rule about this issue than the Federal.
ArchVoices did a pretty comprehensive overview of the revised Federal Wage and Hour Rules, still posted at the following link. However, it seems the original question was about California State laws, which can be more restrictive than the federal laws regardless.
overtime pay in california
How does an employer establish an employee’s exception status in California? I briefly read the "Professional Exemption" requirements and the document states one must meet ALL four. The first requirement states:
Who is licensed or certified by the State of California and is primarily engaged in the practice of one of the following recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting...
If one is un-licensed in the state of California, therfore "non-exempt", can an employer legally state your employment is conditional to your signing of an "exemption wavier"?
...but it is a VERY common practice for firms not to pay overtime, or to say they operate on "comp time" but never actually follow through. The unfortunate thing with this situation is that you can make a stink about it, and you'd be legally right to, but they can find five other employees willing to work under their terms so they don't necessarily have any incentive to cave to you.
j, that's my understanding as well. rantionalist, i think that you are right. Although, they do risk legal action. But, who would risk "career suicide" taking FOG to court.....
Make sure you are using the current exemption test. The Bush administration changed the rules about a year ago, after which our attorney advised us to consider all interns exempt.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17d_professional.htm
Exemption is indeed based purely on the employment circumstances, and cannot be established by mutual agreement. So it doesn't matter what you sign or don't sign. If you really want to know for sure, you can call the DOL and ask for a ruling based on your individual situation.
Based on my earlier research on this matter, I believe your employment status(exempt or non-exempt) is based on what you really do at work, and not based on your title. I forgot which section of the california labor code I read this, but there was a certain percentage of time you must spend doing executive or managerial level work to be considered Exempt-Employee. So, even if you get hired with the "manager" title, if don't really have a part in the decision making process of your work, then I think your just another non-exempt employee. I think California a more stringent rule about this issue than the Federal.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
http://www.dir.ca.gov/dlse/opinions/1993-01-07.pdf
ArchVoices did a pretty comprehensive overview of the revised Federal Wage and Hour Rules, still posted at the following link. However, it seems the original question was about California State laws, which can be more restrictive than the federal laws regardless.
http://www.archvoices.org/pg.cfm?nid=home&IssueID=1346&MaxResults=25&StartRow=51&searchwords=Search%20Issue%20Archives...&lineNbr=3
they are desperately hiring... but just for your info it doesn't seem that exciting to work there
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