California Exempt Employee Law (2023)
California employees misclassified as exempt
Unfortunately employers sometimes misclassify employees as exempt to avoid paying those workers the California overtime rate and other benefits entitled to non-exempt employees. Whether employees are intentionally or mistakenly misclassified, employers may owe misclassified employees back-wages and other penalties under the California labor code.
California laws differ from federal exempt employee requirements. Whenever California labor law provides greater protections to an employee than federal law, employers have to comply with the more protective California law.
Find out if you're misclassified
If you think you may be misclassified as an exempt employee, contact us and we can help you sort it out. We offer free case reviews. Contacting us creates no obligation.
Exempt Employees under California Labor Law
Under California law, employers must pay employees overtime unless they fall under an exemption, such as certain administrative, executive, or professional jobs.
In California, an “exempt” employee must generally be:
- Paid a monthly salary equivalent to not less than two times the California minimum wage for full-time employment; and
- Engaged in work which is primarily intellectual, managerial, or creative, and which requires exercise of discretion and independent judgment.
Employee exemptions under California Law
Learn more about California employee exemptions:
Learn More about California Labor Law
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Find Out If You're Misclassified as a California Exempt Employee
If you’re not actually exempt, you may be owed thousands of dollars in overtime and other backpay.