Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice and is provided for information purposes.

Ever wonder what the difference is between the federal and California laws on wage and hour?  According to the federal law, the tests for exemptions are based on a person’s “primary duty” while in California, tests are based on the duties one is “primarily engaged” in.

A determination of whether an employee's "primary duty" involves the performance of exempt work must be based on all of the facts of a specific case.  "Primary duty" means the principal, main, or most important duty that an employee performs.  The amount of time spent in performing exempt duties is a helpful guide. 

The federal Wage and Hour Division has indicated in the normal case that the primary duty means the major part, or over 50 percent, of the employee's time.  In evaluating exempt status, pay more attention to the duties rather than the title.