| IF YOU ARE A PROFESSIONAL YOU MUST | | | | compensation. An employee engaged in application |
| READ THIS! | | | | of systems, analysis techniques and procedures |
| Yes it's true. We all have felt at times | | | | which include of consulting with users or |
| overworked and underpaid. But if you have 2 | | | | determining hardware, software or system |
| minutes to read this article, that could stop today- | | | | functional application are exempt from overtime |
| and never happen again. A labor attorney will | | | | pay. |
| prosecute your employer! | | | | Secret 3: Employers must pay you at least this |
| Secret 1: Did you know that most professionals | | | | amount: |
| like nurses and accountants are entitled to | | | | The employee is required to be full time and |
| overtime? | | | | salaried. The monthly salary should be twice |
| Under California Overtime Laws, for the employee | | | | California's minimum wage for full time |
| to be qualified as exempt under the Professional | | | | employment or either it should be $1,993.33 a |
| Exemption, the employer has to prove certain | | | | month. Several businesses do abuse or even fail |
| requirements under the California Overtime Laws. | | | | to meet legal obligation to overtime pay. Problems |
| The Professional Exemption is for the employees | | | | arise due to the fact that there are a number of |
| who are certified or licensed by the State of | | | | complicated exemptions and exceptions to |
| California and are engaged in the practice of | | | | California Labor Law Overtime. Many businesses |
| medicine, law, dentistry, architecture, engineering, | | | | infringe federal law (California Overtime Laws) |
| optometry, accounting or teaching. The | | | | without the intention to underpay. However, other |
| employees also are required to spend over half of | | | | businesses decide to take advantage of |
| their work time engaged in an occupation which is | | | | employees and their lack of knowledge of |
| recognized as an artistic or learned profession. | | | | overtime law in California. Through these inventive |
| Under California Overtime Laws, "Artistic or | | | | scams, employers have egregiously cheated |
| Learned" work can be work that requires an | | | | employees out of money that's due (namely with |
| advanced knowledge in science or learning as a | | | | overtime pay). Fortunately, through intrepid |
| result of prolonged study. This work is creative in | | | | efforts of California overtime attorneys, as well |
| character and therefore the recognized field of | | | | as federal and state authorities, many of the |
| artistic endeavor, which is varied in character and | | | | scams have been identified and disputed-resulting |
| predominantly intellectual (as opposed to manual, | | | | in additional pay due the employees. |
| mechanical, routine mental or physical work). | | | | Secret 4: You must do these things to be |
| Secret 2: To be professional exempt you must | | | | exempt as a professional: |
| do the following: | | | | Under Overtime Law in California, professionals |
| The employee should customarily or regularly | | | | are also exempted specially it applies for those |
| exercise discretion and independent judgment on | | | | who spend over half their work time involved in |
| the job. The exemption however does not include | | | | exercising discretion and independent judgment. |
| pharmacists, registered nurses and school | | | | The exemption does not apply to trainees or |
| teachers. Under the Overtime Law in California, | | | | employees in entry level positions and learning to |
| the employee is exempt from the requirement of | | | | become proficient in the field of work (regarding |
| overtime rate of compensation if they are | | | | overtime pay). |
| primarily engaged in more than 50 percent of the | | | | If you are a California employee and believe you |
| work. The employee exercising discretion and | | | | are owed Overtime or your employer has |
| independent judgment are also exempt from the | | | | violated your rights, take action now and talk to |
| overtime law requirement of overtime rate of | | | | an Experienced California Labor Attorney. |