United States: Judge Begs Higher Courts To Clarify Exempt Status
Determining whether employees are exempt from overtime requirements under California law is more difficult than determining their status under federal law. Under federal law, exempt status depends on an employee’s primary duty and the time spent performing that duty is not dispositive. But California uses a “primarily engaged” test where how the employees spend their time is entirely dispositive. So the question becomes whether the employees spend more than half their time performing duties […]