The DIR's definition of administrative exemption describes this qualifying as exempt:
"... performs, under only general supervision, work along specialized or technical lines requiring special training, experience,... " How is this different from what the definition says is non-exempt? It says the definition is frequently misunderstood because there is "[c]onfusion between the exercise of discretion and independent judgment, and the use of skill in applying techniques, procedures, or specific standards." Using skill in applying techniques, to me, subsumes "work along specialized or technical lines."
You are asking a hyper technical question without giving any information as to what your job description is and why or how you are claiming exempt vs. non-exempt status. There is not enough information to analyze.
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This is very fact-intensive question to answer. It depends greatly on the nature of the employment, including the business of the employer, the specific work the employee performs, the percentage of the day the employee does various types of work, and the amount of money paid to the employee.
You will need to consult with an experienced plaintiffs employment attorney to get an answer that specifically relates to your work, or to speak with the DLSE. Division of Labor Standards Enforcement (DLSE), which is a sub-agency within the California Department of Industrial Relations. http://www.dir.ca.gov/dlse/. Some people refer to the DLSE as the Labor Commissioner. The DLSE enforces California's wage and hour laws, including those pertaining to overtime, rest and meal breaks, and more. The link for information on filing a
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