Which FLSA exemption do I choose?
January 31, 2012 5:15 PM Subscribe
Calling all labor lawyers, even though YANML: if you can classify an employee under two overtime-exemptions under the Fair Labor Standards Act, which one controls? For instance, my organization has employees that satisfy one or more categories: 1. Highly Compensated Employees 2. Computer professionals 3. Professional exemption If I classify them as Computer Professionals, they also have to meet the California Labor Code Section 515.5. If they do not qualify under 515.5, specifically the salary requirement and/or high-level engineer requirement, is it possible to just classify them as exempt under the Professional Exemption standard, which is only two times the current minimum wage in California? Thanks.