Exemptions from the overtime laws

IWC Order Affected Employees Exemption Under IWC Order

All Orders, Section 1

ExecutiveAdministrative and Professional employees

Sections 3 through 12 of the Orders (3 through 11 for Order 16-2001) do not apply.

All Orders, Section 1, except Orders 14 and 16 Employees in the computer software field who are paid on an hourly basis and meet all of the other requirements set forth in the Orders Exempt from Orders (under "Professional" employee classification.)
All Orders, Section 1, except Orders 14 and 15 Employees directly employed by the State or any political subdivision thereof, including any city, county or special district. Exempt from Orders, except Sections 1, 2, 4, 10 and 20
All Orders by operation of law (see Labor Code Section 1171) Outside Salespersons Exempt from Orders
All Orders, Section 1 Any individual who is the parent, spouse, child, or legally adopted child of the employer Exempt from Orders
All Orders Any individual participating in a national service program, such as AmeriCorps. Exempt from Orders
All Orders, except Orders 11, 12, 15, and16 Drivers whose hours are regulated by the U.S Department of Transportation Code of Federal Regulation, Title 49, Sections 395.1 to 395.13, Hours of Service of Drivers Exempt from overtime provisions
All Orders, except Orders 11, 12, 15, and 16 Drivers whose hours are regulated by Title 13 of the California Code of Regulations, subchapter 6.5, section 1200 et seq. Exempt from overtime provisions
All Orders Employees covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30% more than the state minimum wage. Exempt from overtime provisions
Orders 4 and 7 Employees (except minors) whose earnings exceed one and one-half times the minimum wage and more than half their compensation represents commissions Exempt from overtime provisions
Order 5 Student nurses in a school accredited by the California Board of Registered Nursing or by the Board of Vocational Nurse and Psychiatric Technician Examiners Exempt from Order 5, except Sections 1, 2, 4, 10, and 20
Order 9 Employees who have entered into a collective bargaining agreement under the Railway Labor Act Exempt from Order 9, except Sections 4, 10, 11, 12, 20, and 22
Order 9 Taxicab drivers Exempt from overtime provisions
Order 9 Airline employees who work over 40 but not more than 60 hours during the workweek due to a temporary modification in their normal work schedule not required by the employer and arranged at the request of the employee Exempt from overtime provisions
Order 10 Full-time carnival ride operators employed by a traveling carnival Exempt from Order 10, except Sections 1, 2, 4, 10, and 20
Order 10 Crew members employed on a commercial fishing boat Fish and Game Code Section7920 et seq. Exempt from overtime provisions
Orders 10, 11, and 12 Professional Actors Exempt from Orders, except Sections 1, 2, 4, 10, and 20
Order 10 Employees whose duties are exclusively those of a motion picture projectionist Exempt from overtime provisions
Order 11 An announcer, news editor, or chief engineer employed by a radio or television station in a city or town with a population of 25,000 or less Exempt from overtime provisions
Order 14

Any employee who is engaged in work that is primarily intellectual, managerial, or creative, and which requires exercise of discretion and independent judgment, and for which the remuneration is not less than two times the monthly State minimum wage for full time employment.¬†

Note:  This exemption in Wage Order 14 would have to be harmonized with Labor Code section 515(a) for overtime purposes.
Exempt from Order
Order 15 Personal attendants not covered under the Domestic Worker Bill of Rights Exempt from Order, except Sections 1, 2, 4, 10, and 15
Order 15 Any person under the age of 18 who is employed as a babysitter for a minor child of the employer in the employer's home. Exempt from Order

February 2019