常聽到責任制員工不能領加班費,但在加州絕大多數員工不屬責任制:
除了Overtime Pay加班費,公司要提供至少半小時不被打擾不被叫回去的吃飯時間,
還有2次10分鐘休息時間,不包括上廁所時間。
Exempt vs. Non-Exempt Employees: Guide to California Law
https://www.worklawyers.com/exempt-vs-nonexempt-employees-california/
加州法律規定責任制必須符合以下全部三點:
There are usually three simple requirements to determine whether a worker is
an exempt employee under California law:
Minimum Salary. The employee must be paid a salary that is at least twice the
state minimum wage for full-time employment.最低薪資
White Collar Duties. The employee’s primary duties must consist of
administrative, executive, or professional tasks.管理、決策、專業
Independent Judgment. The employee’s job duties must involve the use of
discretion and independent judgment.獨立判斷
第二點其中專業範圍如下:
There are three types of professional employees that can qualify for
exemptions:
Licensed Professionals. People who are licensed or certified by the State of
California and are primarily engaged in the practice of: law, medicine,
dentistry, optometry, architecture, engineering, teaching, or accounting.
Learned Professionals. People who have advanced knowledge in a field of
science or learning that is customarily acquired by prolonged and specialized
study.
Creative Professionals. People who focus on invention, imagination,
originality, or talent in a recognized field that is artistic or creative.
第三點其中獨立判斷解釋如下:
To qualify as an exempt employee, California’s Labor Code requires the
worker to regularly exercise discretion and independent judgment in
performing their duties.
An employee exercises discretion and independent judgment when the employee
makes and implements important choices after considering competing courses of
action.
An employee’s judgment is independent when it is free from immediate
direction or supervision, even if an employee who is higher in the management
chain has the authority to override the decision.決策不能受上級干擾
加州有明文寫出哪些職業屬於Exempt責任制
Exemptions from the overtime laws
https://www.dir.ca.gov/dlse/FAQ_OvertimeExemptions.htm