It’s not uncommon for workers to be paid on a salary basis in California. Nor is it uncommon for an employer to automatically assume that their salaried employee is exempt from overtime and applicable laws.
But did you know that just because your employer may say you are “exempt,” it is not necessarily true? The misclassification of nonexempt employees– and subsequent loss of wages– has led to many class action lawsuits here in California.
In the simplest of terms, an exempt employee is not eligible for overtime pay, while a non-exempt employee must be provided with overtime pay.
Typically, an exempt employee is one in management or one who meets certain qualifications for things like sales or creative work– but don’t let a fancy job title fool you. Just because an employer may create a position with an important-sounding name, does not mean it’s automatically classified as exempt. Rather, the state has rigorous standards that must be met for an employee to truly be considered exempt.
Some of the most common exemptions are:
If you’re not included in one of the very specific exemptions, then you are entitled to many more legal protections. That’s because when an employee is exempt, California states they are excluded from certain aspects of the Industrial Welfare Commission wage orders including:
The legal experts at Fernandez & Lauby LLP are well-versed in the true differences between exempt and nonexempt status of California workers. Our attorneys are offering a free review of your compensation schedule to determine if you’re currently classified and being paid properly under California law. They will also let you know if you are entitled to back overtime pay and may be able to help you claim those wages.
Contact Fernandez & Lauby LLP for a no-cost consultation and our lawyers will fight for your legal rights as an employee. You can reach us online or call our toll free phone number at 888-959-8508.