It is essential to understand the difference between exempt and non-exempt employees in California because certain wage and hour laws only apply to non-exempt employees. For example, non-exempt employees are entitled to a minimum wage, meal breaks, and rest breaks and are eligible for overtime pay. Unlike non-exempt employees, correctly classified exempt employees are exempt from laws regarding minimum wages, overtime wages, meal breaks, and rest breaks.
Some employers may intentionally or improperly misclassify employees as exempt even when over half of the employee’s work involves non-exempt tasks or they do not meet the minimum yearly income threshold for exempt employee status. In this case, your employer may owe you unpaid wages. Speak with the leading employment lawyers at Blackstone Law to assess the details of your potential claim.
What Is an Exempt Employee in California?
Exempt employees in California are not subject to certain overtime and break provisions. To gain this exempt status, employees must meet criteria set by the Fair Labor Standards Act (FLSA) and the California Labor Code.
To classify employees as exempt, their monthly salary should be at least double the state’s minimum wage for full-time roles. This salary should be consistent, not fluctuating based on the quality or quantity of their work.
The following are typical exempt job classifications:
- Administrative: Roles related to management or corporate functions such as HR, accounting, and marketing.
- Executive: Leadership roles, often overseeing staff and handling employment decisions.
- Professional: Specialized roles requiring licenses or specific skills, like doctors, engineers, and teachers.
While the above roles are common examples, many other jobs might qualify as exempt. If you believe your exempt classification might be incorrect, consider consulting an employment lawyer at Blackstone Law to understand your rights.
What Is a Non-exempt Employee in California?
Employees categorized as non-exempt—including those on salary—qualify for overtime when surpassing the 40-hour workweek or 8-hour workday and must be granted appropriate meal and rest breaks.
As of January 2023, the minimum wage for non-exempt workers was set to $15.50 per hour. It is incumbent upon employers to keep precise records of work hours and wages dispensed, ensuring adherence to state and federal regulations. Non-exempt workers should receive 1.5 times their standard wage rate when:
- They exceed 8 hours of work in a single day
- They work up to the initial 8 hours on the seventh consecutive workday in a week.
- Moreover, if they labor beyond 12 hours in a day or past 8 hours on the seventh straight workday of the week, they are entitled to double their regular wage.
If you have been denied your rightful overtime pay, the lawyers at Blackstone Law are here to assist you in securing your rightful wages.
Meal and Rest Breaks Requirements
In California, non-exempt workers are allotted meal and rest breaks during their shifts. Those laboring for over 5 hours are entitled to an undisturbed 30-minute meal break before their fifth work hour. An additional 30-minute meal break is granted for shifts exceeding 10 hours. Furthermore, for every 4 hours of work, a 10-minute rest break is mandated.While some employers and employees may mutually waive a meal break, such waivers are only allowed under very limited circumstances.
Speak With the Leading Employment Lawyers at Blackstone Law
If you were intentionally or wrongfully misclassified as an exempt employee, speak with the experienced employment lawyers at Blackstone Law. We will handle all aspects of your potential claim and aggressively represent your best interests, from initial consultation to resolution.
For a free consultation with one of our award-winning employment lawyers, call our office at (310) 956-4054 or fill out a contact form today.