Under Federal Law
Federal law exempts certain employees from both minimum wage and overtime pay requirements. These exemptions include:
* Workers employed in a bona fide executive, administrative or professional capacity;
* A list of certain other employees, including outside salespersons, amusement park/recreational employees, agricultural employees, newspaper business employees, switchboard operators, seamen, criminal investigators, computers systems analysis, and baby-sitters and personal attendants.
Further, under Federal law, certain employees are subject to special provisions regarding maximum hours worked without overtime compensation.
Under California Law
Under State law, three groups of employees are exempt from some of the state law requirements. The first two groups are exempt from both overtime and minimum wage requirements. These groups are:
* Executive, administrative, professional (“white color”) emlpoyees; and * Other employees: state and local government employees, members of employer’s families, employees licensed under the Fish and Game Code, live-in employees in substance abuse alternative housing, students nurses, and carnival ride operators.
Overtime and Collective Bargaining Agreement
Under California Labor Code section 514, State overtime law does not apply to employees covered by a collective bargaining agreement that provides and hourly rate of at least 30% higher than the minimum wages and “premium” wage rates for overtime work.