We hear these terms quite often: exempt and non-exempt employees, yet many of us are unsure as to what these words mean and how they impact our employment rights. Understanding the difference between these categories of worker classification is essential, as they have a direct impact on laws that govern your wages and hours.
For instance, employees that are non-exempt are entitled to at least the minimum wage, rest and meal breaks, and overtime pay. On the other hand, those who are classified as exempt employees are “exempt” from the rules pertaining to minimum and overtime wages, and mandatory breaks throughout the day.
In some cases, workers are misclassified as exempt, even though more than half of their work duties involve non-exempt tasks. Alternatively, their income does not meet the minimum yearly threshold that’s required for exempt employee status. The error in classification may be intentional or due to a misunderstanding of the difference between exempt and non-exempt employees. Either way, you may be owed unpaid wages from your employer if you were misclassified as an exempt employee.
To see if you are eligible for an unpaid wages claim against your employer, talk to the employment rights lawyers of California Labor Law Employment Attorneys Group.
What Is an Exempt Employee under California Law?
In California, workers who are correctly classified as “exempt” are not covered by certain rules for break and overtime provisions. In order to be considered an exempt employee, the worker must meet the requirements set by the California Labor Code and the Fair Labor Standards Act.
Primarily, an employee’s monthly wages should be at least twice the state’s minimum wage (for those working full-time) in order to be classified as exempt. The salary rate should be consistent, meaning it does not fluctuate based on the availability of hours of the quality of work.
Exempt Job Classifications
Below are examples of jobs that generally meet the qualifications for exempt status:
- Professional / specialized roles where the individual is licensed or has specific credentials, like doctors, teachers, and engineers
- Administrative positions, such as human resources, marketing, and accounting
- Executive or management roles that involve functions like hiring or firing of employees and overseeing company departments
Keep in mind that these are just the most common examples, and there are many other jobs that meet the standard for an exempt employee classification. Thus, it’s very common for workers to be confused about their status and whether they are an exempt or non-exempt employee. Our employment law attorneys can help you figure out your employee status and what to do if you are misclassified by your employer.
What are the Requirements to be a Non-Exempt Employee in California?
If you a non-exempt employee in California, you must be given time for meal and rest breaks and paid overtime when you work more than 8 hours a day or 40 hours a week.
Non-exempt employees are also entitled to at least the minimum wage, which was $15.50 as of January 2023. Employers have a duty to keep accurate records of wages and hours for each employee and making sure that they are in compliance with state and federal laws. These include rules on overtime, which should be 1.5 times the worker’s standard rate when:
- The work hours exceed 8 hours in one day
- When they work up to 8 hours per day for 7 consecutive workdays in a single week
- If the employee works more than 12 hours a day or more than 8 hours on the 7th consecutive day of the work week, they must be paid double their regular wage
If you were denied overtime pay according to these rules, contact us immediately for help in securing your unpaid wages.
Rest and Meal Break Requirements
Another consideration for non-exempt workers in California are meal and rest breaks for each work shift. Those working for over 5 consecutive hours in one day are entitled to a meal break of 30 minutes before the 5th hour of work. If their work shift is more than 10 hours, they are entitled to an additional meal break for 30 minutes. Along with meal breaks, non-exempt employees must be given 10-minute rest breaks for every 4 hours of work.
Contact Our Law Firm
Misclassification of employee status is more common than most people realize, but getting this is right is a legal requirement for employers in the state of California. Moreover, improper classification of one’s job status can result in workers being cheated out of the benefits they rightfully deserve.
The employee rights attorneys at our law firm are here to fight for you and the compensation you are owed if you were wrongfully classified as an exempt employee. We will handle every aspect of your claim for $0 upfront, as we work on a contingency fee basis. You also pay $0 if we don’t secure a settlement on your behalf under the terms of the Zero Fee Guarantee.
If you’re ready to explore your rights and legal options, give us a call to schedule a free consultation.
