Legal Question in Business Law in California

I am planning on hiring a coordinator for my delivery business. He/she is required to manage all employees and make sure they get dispatched on time. If a driver unexpectedly absent he/she can deliver those stops until the driver returns or is replaced. He/she will be in charge of taking the vehicles that need repair to the repair shops. The majority of the responsibilities are administrative (about 70%) but (30%) are physical and are on a at need basis.

He/she will be paid on a salary basis above $500 per week

will this person be considered exempt?

(I know that blue collar workers are not exempt, will the 30% of the physical work which is required when it is needed label this coordinator as a blue collar worker?)


Asked on 12/25/13, 2:55 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Exempt from what?

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Answered on 12/26/13, 9:35 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I assume you mean exempt from the working hours and overtime requirements of the Labor Code (sections 500 et seq.). Please get ahold of a copy of the Labor Code - it's available on line or in county law libraries in every county -- and look at sections 500, 510 and 515. Note in particular that Labor Code section 515(a) exempts employees whose work is "primarily" executive, administrative and professional, and 515(e) says "primarily" means more than one-half of the employee's worktime. If you want to be sure that the duties you will assign to this employee meet the "executive, administrative and professional" test, either have a conference with a local Industrial Welfare Commission officer or review their Web site.

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Answered on 12/27/13, 3:03 pm


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