There is a great deal of confusion and uncertainty in the high-tech industry when it comes to dealing with the California computer professional exemption under California Labor Code section 515.5.  This uncertainty is largely due to novelty and complexity of the law and lack of California judicial guidelines on how to apply the exemption.

In one of the previous posts, we discussed how professional, executive and administrative employees are not subject to California overtime and minimum wage laws. Another group of employees that is exempt from minimum wage and overtime pay requirements is commissioned employees.

Before I became an attorney and started to practice employment law, I worked as a waiter at various restaurants in San Francisco, California. Having spent 8 years in the food and beverage industry, I know that for many people tips are the primary source of income.

Many California business owners mistakenly believe that by incorporating a business or forming an LLC, they are fully protected from personal liability for unpaid wages owed to employees. California employers must be aware,