Legal Question in Employment Law in California
Professional exempt status
Please tell me what qualifications are necessary to catagorize an employee as Professional Exempt. Also does this category make an employee on call to the employer 24 hours a day or do they have a right to state their availability. My employer told me I am a Professional Exempt and I have to work whenever they want me to.
2 Answers from Attorneys
Re: Professional exempt status
Professional exempt employees are typically licensed individuals such as doctors, lawyers, CPA's or others who have the education and skills to perform work that unlicensed persons cannot. To meet this exemption, they must be perform more than half their time in there field of specialty and receive at least 2 times the current minimum wage on a monthly basis. If exempt, there is no limit on the hours an employer can require that you work.
Re: Professional exempt status
The professional exemption also applies to learned or artistic professions such as scientists with an advanced degree in addition to traditional professions such as lawyers, doctors, architects etc. The exemption does not apply to pharmacists.
It would be helpfull to know what your occupation is. If you are covered by the exemption, then you are not eligible for overtime.
You may wish to consider consulting with an attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
