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California Labor Code Section 515

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

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, if 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) Except as otherwise provided in this section and in
subdivision (g) of Section 511, nothing in this section requires the
commission to alter an exemption from provisions regulating hours of
work that was contained in a valid wage order in effect in 1997.
Except as otherwise provided in this division, the commission may
review, retain, or eliminate an exemption from provisions regulating
hours of work that was contained in a valid wage order in effect in
1997.
   (c) For the purposes of subdivision (a), "full-time employment"
means employment in which an employee is employed for 40 hours per
week.
   (d) (1) 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.
   (2) Payment of a fixed salary to a nonexempt employee shall be
deemed to provide compensation only for the employee's regular,
nonovertime hours, notwithstanding any private agreement to the
contrary.
   (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), a
registered nurse employed to engage in the practice of nursing shall
not be exempted from coverage under the orders of the Industrial
Welfare Commission, unless he or she individually meets 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).

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Last modified: March 17, 2014