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California Labor Code Section 515

Legal Research Home > California Lawyer > Labor Code > California Labor Code Section 515

(a) The Industrial Welfare Commission may establish exemptions
from the requirement that an overtime rate of compensation be paid
pursuant to Sections 510 and 511 for executive, administrative, and
professional employees, provided that the employee is primarily
engaged in the duties that meet the test of the exemption,
customarily and regularly exercises discretion and independent
judgment in performing those duties, and earns a monthly salary
equivalent to no less than two times the state minimum wage for
full-time employment.  The commission shall conduct a review of the
duties that meet the test of the exemption.  The commission may,
based upon this review, convene a public hearing to adopt or modify
regulations at that hearing pertaining to duties that meet the test
of the exemption without convening wage boards.  Any hearing
conducted pursuant to this subdivision shall be concluded not later
than July 1, 2000.
   (b) (1) The commission may establish additional exemptions to
hours of work requirements under this division where it finds that
hours or conditions of labor may be prejudicial to the health or
welfare of employees in any occupation, trade, or industry.  This
paragraph shall become inoperative on January 1, 2005.
   (2) Except as otherwise provided in this section and in
subdivision (g) of Section 511, nothing in this section requires the
commission to alter any exemption from provisions regulating hours of
work that was contained in any valid wage order in effect in 1997.
Except as otherwise provided in this division, the commission may
review, retain, or eliminate any exemption from provisions regulating
hours of work that was contained in any valid wage order in effect
in 1997.
   (c) For the purposes of this section, "full-time employment" means
employment in which an employee is employed for 40 hours per week.
   (d) For the purpose of computing the overtime rate of compensation
required to be paid to a nonexempt full-time salaried employee, the
employee's regular hourly rate shall be 1/40th of the employee's
weekly salary.
   (e) For the purposes of this section, "primarily" means more than
one-half of the employee's worktime.
   (f) (1) In addition to the requirements of subdivision (a),
registered nurses employed to engage in the practice of nursing shall
not be exempted from coverage under any part of the orders of the
Industrial Welfare Commission, unless they individually meet the
criteria for exemptions established for executive or administrative
employees.
   (2) This subdivision does not apply to any of the following:
   (A) A certified nurse midwife who is primarily engaged in
performing duties for which certification is required pursuant to
Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2
of the Business and Professions Code.
   (B) A certified nurse anesthetist who is primarily engaged in
performing duties for which certification is required pursuant to
Article 7 (commencing with Section 2825) of Chapter 6 of Division 2
of the Business and Professions Code.
   (C) A certified nurse practitioner who is primarily engaged in
performing duties for which certification is required pursuant to
Article 8 (commencing with Section 2834) of Chapter 6 of Division 2
of the Business and Professions Code.
   (D) Nothing in this paragraph shall exempt the occupations set
forth in subparagraphs (A), (B), and (C) from meeting the
requirements of subdivision (a).

Last modified: January 12, 2009