The Professional Exemption: How to Avoid Overtime Classification Mistakes in California
Employer Resource Institute Audio Conference
Originally presented on July 19, 2007
There are two types of professional exemptions: Learned professional employees with advanced learning—including certain computer professionals—and creative professional employees with creative talents.
Generally, employees who qualify as "professionals" possess advanced, specialized education or talents, plus considerable control over their time. There are many employees who seem like they would qualify as professionals under the California exemption rules—but don't. And getting it wrong can land you in a heap of expensive trouble, including paying out several years' worth of back pay, plus additional damages and attorney's fees.
Join us on July 19 for an in-depth, practical 90-minute audio conference all about the professional exemption. Our experts—three experienced California employment law attorneys—will explain the rules governing this exemption for California employers, including those relating to what "work requiring advanced knowledge" really means. They'll also share practical techniques for classifying administrative employees correctly, the best ways to avoid common overtime exemption mistakes, and advice on conducting effective internal audits to spot errors before they turn into big trouble.
YOU AND YOUR COLLEAGUES WILL LEARN:
- The most common mistakes California employers make when classifying professional employees for overtime purposes—and how you can avoid repeating them
- How to avoid misclassifying your IT professionals
- Which jobs seem like they should qualify for the professional exemption, but don't
- What "work requiring advanced knowledge" really means, in plain English, and what constitutes a "field of science or learning"
- How to review your professional job classifications and descriptions for red flags that could mean overtime exemption problems
- The safest ways to fix professional exemption classification errors—without triggering DOL audits and employee claims
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Workers can be classified as exempt from overtime if they fall under one of four exemptions. The administrative exemption, covered in depth in this audio conference, is one of the four. Don't miss these upcoming audio conferences from ERI that will provide additional in-depth guidance on the other three exemptions:
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ABOUT YOUR SPEAKERS:
Laura Innes, Esq., is a partner at the law firm of Simpson, Garrity & Innes in South San Francisco. Innes is engaged exclusively in the practice of labor and employment law. She routinely counsels employers regarding HR issues and has conducted extensive in-house training programs in regard to general employment law, prevailing wage, affirmative action and equal employment opportunity policies and programs.
Marc Jacuzzi, ESQ., is a partner at the law firm of Simpson, Garrity & Innes in South San Francisco. Jacuzzi provides representation and counseling for employers in employment law. He also conducts in-house training programs for employers on a number of employment law topics.
Thomas N. Makris., SPHR, is of counsel at the Sacramento office of law firm Pillsbury Winthrop Shaw Pittman. He has twenty years of experience in employment-related litigation and is a senior professional in human resources.
Approved for Recertification Credit
This program has been approved for 1.5 recertification credit hour toward PHR
and SPHR recertification through the Human Resource Certification Institute
(HRCI). For more information about certification or recertification, please
visit the HRCI homepage at www.hrci.org.
How Do Audio Conferences Work?
An audio conference is remarkably cost-effective and convenient. You
participate from your office using a regular telephone. You have no travel costs
and no out-of-office time.
Plus, for one low price you can get as many people in your office to
participate as you can fit around a speakerphone.
Because the conference is live, you can ask the speakers questions'either on
the phone or via e-mail.
With your registration, you also receive conference materials with additional
practical information from California Employer Advisor sent to you via e-mail
shortly before the conference.
Why You Can Sign Up To Attend This Event with Confidence
As with all California Employer Advisor products, you're completely
protected. If for any reason you are unsatisfied with this audio conference,
simply let us know and we will return your entire registration fee.
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