So, here's the deal, I am an exempt status employee. I should fall under the CA "Computer Professional" Exempt Classification, except for one minor detail... I do not meet the wage requirements.

http://law.onecle.com/california/labor/515.5.html

Now, my question is, can my employer get around the minimum pay for "Computer Professional" Exemption by classifying me under the "Professional" exemption instead? Do I qualify as a "Professional" if I qualify for everything a "Computer Professional" qualifies for except pay? Is this a loophole? Or am I being misclassified as a "Professional"? I have a B.S. does that qualify me for "Professional" exempt status?

If you qualify for any one of the exempt categories you can be legally classified as exempt. If you do not qualify under the Computer Professional because of the wage, but you do qualify under one of the other exempt classifications, then you are still legally exempt.

Same answer as before.

This has been discussed before on this website. What CBG says is true for federal law. It has previously been suggested by other responders that this is not necessarily true for CA. That a literal wording of the CA law could suggest otherwise. Maybe. Maybe not. The problem I have with both sides of the argument is the lack of any actual verifiable support of just what CA-DLSE or the courts thinks on this specific issue. The OP might want to try contacting CA-DLSE directly and see if they have an opinion on this subject.

If you qualify for any one of the exempt categories you can be legally classified as exempt. If you do not qualify under the Computer Professional because of the wage, but you do qualify under one of the other exempt classifications, then you are still legally exempt.

Same answer as before.

I understand that answer. If I qualify for any exempt classification I am exempt. What I was attempting to ask here, was do I qualify for "Professional" exempt classification in California. The wording on the classification is confusing to me.

http://www.dir.ca.gov/dlse/Glossary.asp?Button1=P#professional%20exemption

Ahh... I think I found my answer. This is the first time I've actually read the definition on the DLSE site, before I read it on different sites, and below it says "For the learned professions, an advanced academic degree (above the bachelor level) is a standard prerequisite."

So, I'm guessing, because I only hold a Bachelor's (prereq 2) and I am not certified by the state of California (prereq 1) I would not qualify for this "Professional" exemption? Am I correct in assuming this?

From the CA-DLSE manual:

54.8.5 “Learned Professions” are those requiring knowledge of anadvanced type [whichcannot be attained at the high school level] in a field of science or learning, customarily acquired by a prolonged course of intellectual instruction and study as distinguished from a general academic education and from an apprenticeship and from training in the performance of routine mental, manual, or physical processes. (29 CFR § 541.301(a)-(d)) [Example: advanced degree in a specialized field, i.e., B. S. in Chemistry.]

From the CA-DLSE manual:

54.8.5 “Learned Professions” are those requiring knowledge of anadvanced type [whichcannot be attained at the high school level] in a field of science or learning, customarily acquired by a prolonged course of intellectual instruction and study as distinguished from a general academic education and from an apprenticeship and from training in the performance of routine mental, manual, or physical processes. (29 CFR § 541.301(a)-(d)) [Example: advanced degree in a specialized field, i.e., B. S. in Chemistry.]

Now I'm confused... The definition on the DLSE website states: For the learned professions, an advanced academic degree (above the bachelor level) is a standard prerequisite.

http://www.dir.ca.gov/dlse/Glossary.asp?Button1=P#professional%20exemption but the definition you wrote says above high school level.... For a moment it seems clear... then the next it is confusing again :(

The problem is that you are looking for a "bright line" test, when the federal and state rules look at things in context. For some professionals a B.S. level degree is considered adequate and for others (medical doctor for example) it is not. Not all questions have neat simple answers. The government is going to consider the answer to be potentially different for each profession. They will look at what each profession has historically considered to it's particular requirements.

May I one more time suggest that you call up CA-DLSE and ask them?

You might also want to look at the CA-DLSE manual (http://www.dir.ca.gov/dlse/Manual-Instructions.htm). It does not address your original question, but chapter 54 in it's entirety discusses the types of things CA-DLSE looks at in regards to the Professional exception. These rules have been around for a long time now, and the government has long had a pretty good idea on what they think the rule are.

Ahh, I see. So there is no hard and fast rule on these things...

I thank you for the help and I believe all my questions have been answered to a degree I am pleased with.

So, here's the deal, I am an exempt status employee. I should fall under the CA "Computer Professional" Exempt Classification, except for one minor detail... I do not meet the wage requirements.

http://law.onecle.com/california/labor/515.5.html

Now, my question is, can my employer get around the minimum pay for "Computer Professional" Exemption by classifying me under the "Professional" exemption instead? Do I qualify as a "Professional" if I qualify for everything a "Computer Professional" qualifies for except pay? Is this a loophole? Or am I being misclassified as a "Professional"? I have a B.S. does that qualify me for "Professional" exempt status? We have handled a few dozen computer overtime cases including several large class action cases. Under the California law you must be paid the minimum hourly rate for all hours worked if you write code or otherwise fall under 515.5. We have a recent order that I can share (but we are not allowed to post company names in this site) that could be helpful to you. Most IT and computer professionals are non exempt we have found.