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Find below the following positions which are usually classified as "exempt" from California's overtime laws. However, exemptions are narrowly construed against the employer asserting them, and the employer bears the burden to prove that the exemption applies.
Commissioned sales employees of retail or service companies if more than half of the employee's wages are derived from commissions and the employee averages at least one and one-half times the minimum wage for each hour the employee worked.
Computer programmers who are compensated at least $37.94 for each hour worked (represents the 2009 minimum hourly requirement) and who perform work that is intellectual or creative and requires the exercise of discretion and independent judgment. For additional information about the California Computer Software Exemption, see our Computer/IT Occupations page.
Executive, administrative, professional, or outside sales employees (see discussion below).
Physicians who are licensed by the State of California and who are compensated at least $55.00 for each hour worked.
Truck drivers whose activities are regulated by either the California Highway Patrol regulations or U.S. Department of Transportation.
Union employees who are covered by a collective bargaining agreement that provides for premium wage rates for all overtime hours worked by union employees.
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