Executive Exemption
An executive is exempt from the overtime laws. A
person employed in an executive capacity means any employee:
- Whose duties and responsibilities involve the
management of the enterprise in which he or she is employed or of a customarily
recognized department or subdivision thereof; and
- Who customarily and regularly directs the work of
two or more other employees therein; and
- Who has the authority to hire or fire other
employees or whose suggestions and recommendations as to the hiring or firing
and as to the advancement and promotion or any other change of status of other
employees will be given particular weight; and
- Who customarily and regularly exercises discretion
and independent judgment; and
- Who is
- Primarily engaged in duties, which meet the test of
the exemption.
- An executive employee must also earn a monthly
salary equivalent to no less than two times the state minimum wage for
full-time employment. Full-time employment means 40 hours per week as defined
in Labor Code Section 515(c)
Under California law, the term "primarily engaged in"
means that more than one-half of the employee's work time must be spent engaged
in exempt work. This differs substantially from the federal overtime law which
simply requires that the "primary duty" of the employee falls within the exempt
duties.
For a free consultation with an experienced employee
rights attorney, contact David Spivak:
- Email David@SpivakLaw.com
- Call toll free (877) 876-5744
- Visit The Spivak Law Firm, 16530 Ventura Boulevard Suite 312 Encino, CA 91436
- Fax (310) 499-4739
For further information on your rights in the work
place, please visit our other websites:
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