By Amber M. Solano and Jorge J. Luna
On August 17, 2011, the California Court of Appeal held an employee does not have to be licensed as an attorney to qualify as an exempt employee under "learned professions" exemption of Industrial Welfare Commission Wage Order 4-2001. This case is significant because it allows an employer to apply the learned professions exemption to individuals who may not be licensed. Employers can make individual determinations based on an individual's actual education, training, and duties. This permits a more flexible application of the exemption that takes into consideration the realities of a given situation.
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