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CA - Exempt vs. Non-excempt for Managers

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  • CA - Exempt vs. Non-excempt for Managers

    I am a non-exempt manager working CA for a company in Iowa. I started as non-exempt because I had no one reporting to me. Now that I have someone reporting to me, whom I developed the job discription, hired, made job responsibilities and evaluate, can I still be a non-exempt employee, or must I now be exempt.

    Thanks
    Bruce

  • #2
    Managing other employees is a big part of the requirement for the Executive exemption, but it is no means the only one. See here:
    http://www.dol.gov/esa/regs/complian..._executive.htm
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      It is legal for someone who qualifies as exempt to be treated as non-exempt, just not the other way around.
      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.

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      • #4
        Executive Exemption

        The executive exemption requires that you supervise at least 2 employees. In addition, it has rarely been found that superviseing only 2 employees is sufficient to meet the time requirements of the exemption. In California, you must spend 50+% of your time on exempt duties.


        Michael Tracy
        Attorney
        http://www.gotovertime.com


        Disclaimer: The above response is a general statement of California law. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.
        Michael Tracy
        Attorney
        http://www.laborlawradio.com

        Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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