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Exemptions from the overtime laws

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IWC Order

Affected Employees

Exemption

All Orders, Section 1

Executive, Administrative and Professional employees

Sections 3 through 12 of the Orders (3 through 11 for Order 16-2001) do not apply.

All Orders, Section 1, except Orders 14 and 16

Employees in the computer software field who are paid on an hourly basis and meet all of the other requirements set forth in the Orders

Exempt from Orders (under "Professional" employee classification.)

All Orders, Section 1, except Orders 14 and 15

Employees directly employed by the State or any political subdivision thereof, including any city, county or special district.

Exempt from Orders, except Sections 1, 2, 4, 10 and 20

All Orders by operation of law (see Labor Code Section 1171)

Outside Salespersons

Exempt from Orders

All Orders, Section 1

Any individual who is the parent, spouse, child, or legally adopted child of the employer

Exempt from Orders

All Orders

Any individual participating in a national service program, such as AmeriCorps.

Exempt from Orders

All Orders, except Orders 11, 12, 14, 15, and16

Drivers whose hours are regulated by the U.S Department of Transportation Code of Federal Regulation, Title 49, Sections 395.1 to 395.13, Hours of Service of Drivers

Exempt from overtime provisions

All Orders, except Orders 11, 12, 14, 15, and 16

Drivers whose hours are regulated by Title 13 of the California Code of Regulations, subchapter 6.5, section 1200 et seq.

Exempt from overtime provisions

All Orders, except 14 and15

Employees covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30% more than the state minimum wage.

Exempt from overtime provisions.

Orders 4 and 7

Employees (except minors) whose earnings exceed one and one-half times the minimum wage and more than half their compensation represents commissions

Exempt from overtime provisions

Order 5

Student nurses in a school accredited by the California Board of Registered Nursing or by the Board of Vocational Nurse and Psychiatric Technician Examiners

Exempt from Order 5, except Sections 1, 2, 4, 10, and 20

Order 9

Employees who have entered into a collective bargaining agreement under the Railway Labor Act

Exempt from Order 9, except Sections 4, 10, 11, 12, 20, and 22

Order 9

Taxicab drivers

Exempt from overtime provisions

Order 9

Airline employees who work over 40 but not more than 60 hours during the workweek due to a temporary modification in their normal work schedule not required by the employer and arranged at the request of the employee

Exempt from overtime provisions

Order 10

Full-time carnival ride operators employed by a traveling carnival

Exempt from Order 10, except Sections 1, 2, 4, 10, and 20

Order 10

Crew members employed on a commercial fishing boat Fish and Game Code Section7920 et seq.

Exempt from overtime provisions

Orders 10, 11, and 12

Professional Actors

Exempt from Orders, except Sections 1, 2, 4, 10, and 20

Order 10

Employees whose duties are exclusively those of a motion picture projectionist

Exempt from overtime provisions

Order 11

An announcer, news editor, or chief engineer employed by a radio or television station in a city or town with a population of 25,000 or less

Exempt from overtime provisions

Order 14

Any employee who is engaged in work that is primarily intellectual, managerial, or creative, and which requires exercise of discretion and independent judgment, and for which the remuneration is not less than two times the monthly State minimum wage for full time employment

Exempt from Order

Order 14

Sheepherders

Exempt from overtime provisions

Order 14

Irrigators

Exempt from overtime provision during any week in which more than half of such employee's working time is devoted to performing the duties of an irrigator.

Order 14

Employees covered by a collective bargaining agreement if the agreement provides premium wage rates for overtime work and a cash wage rate of at least $1.00 per hour more than the state minimum wage.

Exempt from overtime provisions

Order 15

Personal attendants

Exempt from Order, except Sections 1, 2, 4, 10, and 15

Order 15

Any person under the age of 18 who is employed as a babysitter for a minor child of the employer in the employer's home.

Exempt from Order