California exempt employees & the professional exemption
Some employees, know as "exempt employees," are not required to be paid minimum wage or overtime under the law. California has its own requirements for an employee to be classified as exempt, including a professional exemption.
Unfortunately, sometimes employees are misclassified, meaning they don’t meet requirements to be considered a professional employee under the law. Misclassified employees may be entitled to back-wages for overtime pay and other benefits.
What is the California professional exemption?
The California professional exemption generally applies to licensed employees such as lawyers, doctors, dentists, optometrists, architects, engineers, teachers, or accountants. It may also include creative professionals engaged in a learned or artistic profession such as music, writing, theater, as well as plastic and graphic arts.
To be considered exempt under the California professional exemption, the employee must:
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Earn a salary of more than $33,000 per year;
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Perform tasks which are intellectual, creative, and vary in nature (as opposed to routine mental, manual, mechanical, or physical work); and
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Exercise discretion and independent judgment in the performance of their duties.
Thhink you are misclassified as a professional employee?
Think you are misclassifed as exempt? Free and confidential consultations are available with our employment lawyers by calling (866) 981-4800 or by filling out the form to the right.
Why Girard Gibbs?
Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.
