CALIFORNIA- SUMMARY TESTS FOR EXEMPT V. NON-EXEMPT STATUS

 

 

 

 

 

PROFESSIONAL Exemption-

 

 

While an employee may be commonly considered a "professional," there are specific legal requirements that must be met to qualify for the professional exemption.

 

 

A. Must be licensed or certified by the State of California and primarily engaged in the practice of

Law, Medicine, Accounting, Teaching, Optometry, Architecture, Engineering, or Dentistry

 

OR

 

Primarily engaged (spending at least 50% of time) in an occupation commonly recognized as a learned

or artistic profession. “Learned or artistic” is defined as work requiring knowledge of an advanced type

in a field of science of learning customarily acquired by a long course of study, or

work that is original and creative in character in a recognized field of artistic endeavor, the result of

which depends on the talent of the employee, or work that is an essential part of any of the above

work; and

 

 

 

B. Whose work is primarily intellectual and varied, as opposed to routine mental, manual, mechanical,

or physical; The work is such that the output or result cannot be standardized in relation to a given

period of time, varied in character such that the output produced or the result accomplished cannot

be standardized in relation to a given period of time.

 

C. Consistent exercise of discretion and independent judgment.

 

D. Must earn on a salary basis at least twice the CA state minimum wage, currently $2773.33 per month.