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CA - Exempt vs. Non-exempt California

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  • CA - Exempt vs. Non-exempt California

    Hi, just wondering if someone can define what "exempt" and "non-exempt" means? What's the difference?

  • #2
    An exempt employee is exempt from overtime. A non-exempt employee must be paid overtime. The default is non-exempt; if an employee's job duties (note - job duties, not job title) do not qualify them as exempt under either Federal or state regulations, then they are automatically non-exempt. They are also non-exempt if they make less than the floor set by Federal law (some states have a higher floor - CA is one of them).

    If you are in compliance with the CA laws you are in compliance with Federal; if you are in compliance with Federal you are not necessarily in compliance with CA. Unfortunately I do not have a link to the CA standards: perhaps another poster (DAW?) might have one.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      An exempt employee is not covered by the FLSA's minimum wage and/or overtime compensation provisions. A non-exempt employee is & is usually a "non-professional."

      You can do a google search & get much info I'm sure.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


      • #4
        There is a federal law called FLSA. Under that law, all employees are legally either Exempt (no legal right to paid overtime) or Non-Exempt (employees have a legal right to paid overtime at 150% of regular rate of pay for hours worked past 40 in the work week).

        Any employee can legally be classified as Non-Exempt by their employer. Not all employees however can be considered legally Exempt. If the employer chooses to classify an employee as Exempt, then the employer is required to pass the Exempt classification tests associated with at least one Exempt catagory. The rules associated with the major Exempt classifications can be found at this website.
        Last edited by DAW; 10-02-2007, 10:11 PM.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)


        • #5
          Thank you thank you everyone!!!


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