Wage and Hour Law: Who are the Exempt and Non Exempt Workers?

The federal and state laws require employers to give non exempt employees overtime pays after working more than 40 hours per week.

According to the Department of Industrial Relations (DIR), non exempt workers or those who are covered by the state wage and hour law should receive more than one-and-half times the rate of their hourly pay.

Generally, wage and hour law covers most ordinary employees and all minors aged 16 and 17. Meanwhile, some workers are not covered by the California's wage and hour law and they are:

1. Supervisors

2. Administrative employees

3. Certain computer specialists

4. State employees

5. Outside salespersons

6. A worker who is a family member (parent, sister/brother, son/daughter) of the employer

7. Individuals working for a national service program

8. Drivers covered by the Department of Transportation Code of Federal Regulation or California Code of Regulations

9. All employees (except minors) whose salaries are more than one-and-a-half times the state minimum wage

10. Student nurses in schools accredited by the Board of Vocational Nurse and Psychiatric Technician Examiners

11. Workers who agreed with the collective bargaining between their union and employer

12. Cab drivers

13. Certain airline employees who work more than 40 hours but not exceeding to 60 hours every week

14. Carnival ride operators

15. Professional actors

16. Media practitioners such as broadcaster, news editor, chief engineer working in a small radio or television channel

17. Employees who are engaged in creative, intellectual, or managerial work

18. Irrigators

19. Sheepherders

20. Personal attendants

21. Casual babysitter

Meanwhile, here are some important facts about wage and hour law according to DIR:

• Employers are still required to pay their workers for unauthorized overtime. However, they can discipline their employees for violating the company policy regarding working overtime without authorization.

• The nondiscretionary bonus (additional benefits for being proficient and productive) should be considered when computing for the overtime pays. However, discretionary bonus (gifts during holidays or other special occasions) is not included in the regular pay rate and does not affect overtime pay.

• Salaried employees (top executives who are paid annually) are usually paid with overtime unless they are exempted according to California wage and hour provision.

• Employers have the right to ask their employees to work overtime; they can even terminate someone who refuses to work in scheduled overtime.

• Overtime pay should be paid no longer than the second pay roll. If employers will fail to give the overtime pay before the second pay day, they may be liable for labor violation.

• Employers cannot waiver the overtime pay provision which means they are responsible to pay their employees for every extra hours of work.

• Workers can file overtime and wage claim before the California Labor Commissioner Office or federal court to recover lost earnings.

• It is considered illegal for employers to terminate, punish, or retaliate against workers who will file overtime and wage claims.

Our expert employment lawyers are experienced in handling cases involving wage and hour law. For consultation, visit our website and call our toll free number.