Some employees, know as “exempt” employees, are not required to be paid California minimum wage or California overtime under the law. There are 4 California employee exemptions, including an executive exemption.
Unfortunately, sometimes employees are misclassified as exempt. California employees misclassified as exempt may be entitled to additional wages, overtime, and labor code penalties — similar to California independent contractors who are misclassified.
What is California’s executive exemption?
Under California labor law, to be exempt, an executive employee in 2026 must spend the majority of their work time:
- Managing an “enterprise” or subdivision of the enterprise;
- Supervising the work of two or more other employees;
- Authorizing or giving recommendations about the employment, promotion, or termination of other employees;
- Exercising discretion and independent judgment; and
- Earning a salary of more than approximately $70,304 per year.
Employees who are commonly misclassified as exempt under California’s executive exemption include retail store managers and assistant managers.
There is a similar federal executive exemption under federal wage & hour law.
Learn More about California Exempt Employee Law
- California Executive Exemption
- California Administrative Exemption
- California Professional Exemption
- California Outside Sales Exemption
Learn More about California Labor Law
- California Independent Contractor Law
- California Overtime Law
- California Minimum Wage Law
- California Final Paycheck Law
- California Meal/Rest Break Law
- Differences: California vs. Federal Labor Law
- California Exempt Employee Law
- California WARN Act: Layoffs
- California Vacation Law
- California Off-the-Clock Law
- California Paystub Law
- 4 Hour Minimum Shift California
Our California Executive Exemption Attorneys
Steven Tindall
Steven specializes in employment litigation and has been lead or co-lead counsel on several cases that resulted in settlements of over $1 million.
Steve Lopez
Steve litigates a wide range of complex cases, from environmental mass torts to consumer class actions. He has secured over $1 billion for his clients.
Linda Lam
Linda has recovered millions of dollars prosecuting fraud, breach of contract, and breach of fiduciary cases against large banks and insurance companies.
Our California Employment Practice
Our California employment attorneys – with over 50 years of collective experience litigating under California employment law – know how to fight for employees’ rights and get them the money they deserve. We’ve recovered tens of millions of dollars for California employees and represent individuals as well as class actions in virtually every area of California employment and labor laws: California overtime law, off the clock violations in CA, breach of contract disputes, California independent contractor law, sexual harassment, employee misclassification, discrimination, as well as mass layoffs in violation of the California WARN Act. Our California employment lawyers are repeatedly recognized for their expertise litigating in California. Founding partner Eric Gibbs has been selected as one of the Top Plaintiff Lawyers in California. And seventeen of the firm’s attorneys were selected as Northern California Super Lawyers and Rising Stars, a distinction received by less than 5% of attorneys in Northern California.
About Us
Gibbs Mura is a California-based law firm committed to protecting the rights of clients nationwide who have been harmed by corporate misconduct. We represent individuals, whistleblowers, employees, and small businesses across the U.S. against the world’s largest corporations. Our award-winning lawyers have achieved landmark recoveries and billions of dollars for our clients in high-stakes class action and individual cases involving consumer protection, data breach, digital privacy, and federal and California employment lawsuits. Our attorneys have received numerous honors for their work, including “Top Plaintiff Lawyers in California,” “Top Class Action Attorneys Under 40,” “Consumer Protection MVP,” “Best Lawyers in America,” and “Top Cybersecurity/ Privacy Attorneys Under 40.”
Other Cases & Investigations
- Wells Fargo Mortgage Modification Lawsuit
- DoorDash Lawsuit
- Elmiron Lawsuit
- TurboTax Class Action Lawsuit
- Pacific Fertility Center Lawsuit
- California Whistleblower Attorneys
- California Employment Attorneys
Question about California Executive Exemption?
We can help.