Legal Question in Employment Law in California

Re: misclassified exempt RN?

Generally California recognizes 3 exempt categories. Professional (one of 14 specific state licensed professionals such as MD's DDS, CPA's, Lawyers etc.), administrative, (Office or non-manual types of work directly related to management policies or general business operations of the employer or the employer's customers; Customarily and regularly exercises discretion and independent judgment; Doing work such as assisting a proprietor or other employee in a bona fide executive or administrative capacity on a regular basis (as such terms are defined for purposes of this section); or Performance under only general supervision of work along specialized or technical lines that requires special training, experience, expertise or knowledge; or Execution under general supervision only of special assignments and tasks. Earn 2X state Min. Wage.)and executive, (In charge of an entire business or defined sub department of a business, primarily engaged in exempt managerial activities using independent judgement and supervising at least two employees). Since none of those categories fit you, you may have a claim. You should consult with an employment lawyer to review the specific application of the law to your facts. If I can be of help, feel free to contact me.

Re: misclassified exempt RN?

Based on the information you have provided, yes you are misclassified. In order to qualify as an exempt employee you have to fall under of the several categories that the state of California recognizes. You fall under none. Again this is based on the information you have provided. I have extensive knowledge and experience with the hospital settings and hospital systems so I know the responsibilities associated with a position such as yours. With that said it is surprising that they have you classified as an exempt employee. If you have any questions don�t hesitate to call me or to consult with a local employment attorney.