California Wage Law Attorney

Do Engineers Get Paid Overtime?

September 13, 2017 Law 0

Do Engineers Get Paid Overtime?

 

According to the California state law, non-exempted employees who are 18 or older are obliged to receive overtime pay if they work more than 8 hours a day or 40 hours a week. There are numerous exemptions that are applied to overtime laws. Exempted employees don’t get paid overtime pay rates. An exemption means that overtime laws don’t apply to employees that fall under the exemption category. Engineers fall under the professional exemption and hence don’t fall under overtime laws. Section 3 through 12 (for Order 16-2001, it is 3 through 11) of the Industrial Welfare Commission Orders does not apply.

 

Professional exemption requirements

 

All employees that are employed because of their professional capacity are those who meet the following requirements:

 

  • Those certified/licensed by the State of California and is engaged in recognized professions such as medicine, law, and engineering to name a few.
  • Those who are engaged in work that is considered as a learned profession. This includes:
  • Work that requires advanced knowledge in the field of science or the learning is obtained from a course that offers specialized intellectual instruction and study. This should be different from apprenticeship, training in the performance of routine manual, physical or mental processes, and general academic education.
  • The monthly salary is more than two times the minimum wage for California State for full-time employment which is 40 hours a week, defined by Labor Code Section 515(c).
  • The employee can make independent decisions in matters that are significant and free from supervision or direction.

 

Also, chief engineers who work for a news/radio station for a city/town that has a population of equal to or less than 25,000.

 

Prerequisite

 

For professions that are learned, an academic degree that is above the bachelor level is the standard prerequisite.