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.

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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:

Steven Tindall

An employment-law litigator with over 20 years’ experience, Steven Tindall is well-acquainted with exempt employee lawsuits in California. His largest recovery in a single employment case is $29 million.

Linda Lam

Prior to joining us at Gibbs Law Group LLP, Linda Lam worked at a national employment law firm, where she represented workers in lawsuits to recover unpaid wages and benefits.

Steve Lopez

Steve has prosecuted a variety of complex employment cases involving misclassification of independent contractors. He is fluent in English and Spanish.

Our California Employment Law Practice

Gibbs Law Group LLP is consistently ranked on U.S. News’ list of “Best Law Firms.”

The attorneys in our California employment law practice have all be selected as 2018 Northern California Super Lawyers or Risings Stars.

If you're not actually exempt, you may be owed thousands of dollars in overtime and other backpay

We can help you recover what you’re owed. Contact us for a free consultation. No obligation. Conversations are confidential.

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