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California Employment Law Glossary

Exempt vs. Non-Exempt Employees Definition
Misclassification

 

Definition


 

California classifies most employees as non-exempt - meaning they are entitled to overtime pay, meal breaks, and rest breaks. Exempt employees are excluded from these protections, but only if they satisfy strict salary and duties tests under California law. The salary alone is not enough - employees must also primarily perform executive, administrative, or professional duties. Many employers misclassify non-exempt employees as exempt, resulting in significant unpaid overtime and missed break penalties.


Frequently Asked Questions

No. Being paid a salary alone does not make you exempt - your actual job duties must also primarily involve executive, administrative, or professional responsibilities, and your salary must meet a minimum threshold.

Exempt employees generally must earn at least double the state minimum wage for full-time work and primarily perform executive, administrative, or professional duties, not just have an impressive title.

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Exempt misclassification is one of the most widespread wage violations in California. A free case review could reveal years of unpaid overtime.
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This glossary is provided for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Lawyers for Employee and Consumer Rights. Laws change - for advice specific to your situation, contact our office for a free case review.