Legal Question in Employment Law in California
Determining exempt status for an employee?
My company is considering converting the position I work to an exempt status from non-exempt. Does the position have to meet a certain criteria? I was reading the California labor law site and one of the things I saw mentioned that the person working the position has to have a degree higher than a bachelor level in order to be considered exempt. We have many other positions in our company that are already exempt being worked by employees who do not have such degrees. How does a company manage to convert positions like mine to exempt status without some kind of compensation?
1 Answer from Attorneys
Re: Determining exempt status for an employee?
One of the most confusing and troublesome areas of employment law today involves the classification of employees. The reason for the difficult is the lack of clarity in the definitions and descriptions provided by both the state and federal authorities.
As a general rule, an employee is presumed to be non-exempt (entitled to overtime), unless the employer can prove an exemption. There are three categores of exemptions: Managerial, Professional, and Administrative. The tests and criteria for each of these exemptions is different. You should continue your research using California's Division of Labor Standards Enforcement website, or contact an employee rights attorney to discuss your individual situation.
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