Executive Exemption

An executive is exempt from the overtime laws. A person employed in an executive capacity means any employee:

  1. Whose duties and responsibilities involve the management of the enterprise in which he or she is employed or of a customarily recognized department or subdivision thereof; and
  2. Who customarily and regularly directs the work of two or more other employees therein; and
  3. Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and
  4. Who customarily and regularly exercises discretion and independent judgment; and
  5. Who is
  1. Primarily engaged in duties, which meet the test of the exemption.
  2. An executive employee must also earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. Full-time employment means 40 hours per week as defined in Labor Code Section 515(c)

Under California law, the term "primarily engaged in" means that more than one-half of the employee's work time must be spent engaged in exempt work. This differs substantially from the federal overtime law which simply requires that the "primary duty" of the employee falls within the exempt duties.

For a free consultation with an experienced employee rights attorney, contact David Spivak:

  • Email David@SpivakLaw.com
  • Call toll free (877) 277-2950
  • Visit The Spivak Law Firm, 9454 Wilshire Blvd., Ste 303, Beverly Hills, CA 90212
  • Fax (310) 499-4739

For further information on your rights in the work place, please visit our other websites:

Discrimination FightDiscrimination.net
Wrongful termination FightWrongfulTermination.com
Sexual harassment FightSexualHarassment.com
Unpaid wages and overtime MyWorkMyWages.com
Family and medical leave FMLALawyers.com
Pregnancy discrimination PregnancyRights.com
Disability discrimination FightDisabilityDiscrimination.com
Age discrimination FightAgeDiscrimination.com
Employee Rights Blog CaliforniaEmployeeRightsAttorney.
blogspot.com



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