Labor Law: Why It Is Ideal to Know the Difference Between Exempt vs. Non-Exempt Employees
Do you have to determine whether a professional in your company is exempt from California overtime laws? This can be a challenging and confusing exercise for many who are attempting to classify a professional employee as exempt or non-exempt from overtime laws.
If your professional employee is, for example, a doctor, dentist, architect, or an accountant, your task is easier as these types of professionals are categorically exempt from overtime laws. The real challenge lies in circumstances where the professional employee is said to be “primarily engaged in a learned or artistic profession.”
The language quoted above is part of the legal test found under the professional exemption. Because each professional employee situation is different, two similarly learned and artistic professionals working at different companies may have different rights under the law, including overtime pay.
To better understand whether or not your professional employee should be classified as exempt from overtime laws, don’t do it alone. You can always contact Ideal Legal Group, Inc. to provide you with guidance. Taking the steps to properly classify a professional employee early in the employee/employer relationship is important in order to avoid any future disputes and limit any possible exposure.