Administrative Exemption Under California Labor Laws- Are you Misclassified?

Industrial Welfare Commission, ICW Wage Order No. 4, and California Labor Code Section 515 lays out the requirements which must be complied with to classify an employee as exempt from applicable labor laws. For an employee to be exempt from these rules as a bona fide “administrator,” all the following criteria must be met and the Employers have the burden of proving that:

(a) The employee must perform office or non-manual work directly related to management policies or general business operation of
                 the employer; and,
(b) The employee must customarily and regularly exercise discretion and independent judgment; and,
(c) The employee must regularly and directly assist a proprietor or an exempt administrator; or,
(d) The employee must perform, under only general supervision, work requiring special training, experience, or knowledge, or,
(e) The employee must execute special assignments and tasks under only general
supervision; and,
(f) The employee must be primarily engaged in duties which meet the test of exemption.