I'm not sure how to read the below. If you're unlicensed and employed as an engineer (assuming you have your BS), do you fall under 3(b) ? Or is the intent of 3(b) for those that have on-the-job training and perhaps have attended a few specialized training courses/seminars/have special training certificates?
Are you an unlicensed engineer in California (or prior to getting your PE) that gets paid salary (no overtime)? I guess I'm trying to figure out if unlicensed engineers in California are improperly classified as exempt employees that are not entitled to overtime.
3) Professional Exemption. A person employed in a professional capacity means any employee who meets all of the following
requirements:
(a) Who is licensed or certified by the State of California and is primarily engaged in the practice of one of the following
recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or
(b) Who is primarily engaged in an occupation commonly recognized as a learned or artistic profession. For the purposes of
this subsection, “learned or artistic profession” means an employee who is primarily engaged in the performance of:
(i) Work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged
course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship,
and from training in the performance of routine mental, manual, or physical processes, or work that is an essential part of or necessarily
incident to any of the above work; or
(ii) Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work which can
be produced by a person endowed with general manual or intellectual ability and training), and the result of which depends primarily on the
invention, imagination, or talent of the employee or work that is an essential part of or necessarily incident to any of the above work; and
(iii) Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical,
or physical work) and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given
period of time.
Reference: http://www.dir.ca.gov/Iwc/IWCArticle4.pdf
Are you an unlicensed engineer in California (or prior to getting your PE) that gets paid salary (no overtime)? I guess I'm trying to figure out if unlicensed engineers in California are improperly classified as exempt employees that are not entitled to overtime.
3) Professional Exemption. A person employed in a professional capacity means any employee who meets all of the following
requirements:
(a) Who is licensed or certified by the State of California and is primarily engaged in the practice of one of the following
recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or
(b) Who is primarily engaged in an occupation commonly recognized as a learned or artistic profession. For the purposes of
this subsection, “learned or artistic profession” means an employee who is primarily engaged in the performance of:
(i) Work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged
course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship,
and from training in the performance of routine mental, manual, or physical processes, or work that is an essential part of or necessarily
incident to any of the above work; or
(ii) Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work which can
be produced by a person endowed with general manual or intellectual ability and training), and the result of which depends primarily on the
invention, imagination, or talent of the employee or work that is an essential part of or necessarily incident to any of the above work; and
(iii) Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical,
or physical work) and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given
period of time.
Reference: http://www.dir.ca.gov/Iwc/IWCArticle4.pdf