Regarding the requirement for the exemption to apply that the employee "customarily and regularly exercises discretion and independent judgment," this phrase means the comparison and evaluation of possible courses of conduct and acting or making a decision after the various possibilities have been considered.
The employee must have the authority or power to make an independent choice, free from immediate direction or supervision and with respect to matters of significance.
"Engaged in protected activity" means the engaging in or exercising of a right that is protected by law.Some examples of "protected activity" under the Labor Code include: "Adverse action" is an act or action taken by an employer against an employee that works to the employee's detriment in some aspect of his or her employment, including a poor evaluation, surveillance, an unfavorable recommendation for a promotion, less desirable duties, a transfer, demotion, a cut in pay, or a discharge. The Division is also known as "DLSE" and the "Labor Commissioner's Office." The Division is an agency within the Department of Industrial Relations.This type of agreement may include provisions regarding wages, vacation time, working hours, working conditions, and health insurance benefits.Compensation paid to any person for services rendered in the sale of the employer's property or services and based upon the amount or value thereof.Bonuses are in addition to any other remuneration rate and may be predicated on performance over and above that which is paid for hours worked, pieces made, or sales completed.
A bonus may be in the form of a gratuity where there is no promise for their payment, for example, a holiday bonus at the end of the year.A person employed in an executive capacity means any employee: With respect to the requirement that management duties must be exercised over the entire enterprise or a customarily recognized department or subdivision thereof, it is important to note that the phrase "customarily recognized department or subdivision thereof" has a particular meaning.The phrase is intended to distinguish between " a mere collection of employees assigned from time to time to a specific job or series of jobs" and " a unit with permanent status and function." Thus, in order to meet the criteria of a managerial employee, one must be more than merely a supervisor of two or more employees."Former cohabitant" means a person who formerly regularly resided in the household.Family Code Section 6209 An agreement negotiated between a labor union and an employer that sets forth the terms of employment for the employees who are subject to the agreement.The managerial exempt employee must be in charge of the unit, not simply participate in the management of the unit.