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 2019 must spend the majority of their work time:

  • Managing an “enterpise” 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 $48,192 per year.

Employees who are commonly misclassified as exempt under California’s executive exemption include retail store managers and assistant managers.

a california exempt executive employee

There is a similar federal executive exemption under federal wage & hour law.

Misclassified as an exempt executive employee?

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Our California Executive Exemption Attorneys

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 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 Law Group 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 over a billion 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.”

Question about California Executive Exemption?

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1-800-254-9493