Signs You’ve Been Misclassified as Exempt From Overtime Pay in California

In California, employees who are classified as exempt from overtime pay are not entitled to receive overtime pay, even if they work more than 40 hours a week. However, some employers may inaccurately classify employees as exempt to avoid paying overtime wages. If you suspect that your employer has misclassified you as exempt, there are potential signs to look out for. In this blog post, we will explore some of the signs that an employer in California has inaccurately classified you as exempt from overtime pay.

• You are a non-managerial employee: In California, employees who are classified as exempt must typically be in a managerial, administrative, or professional role. If you are a non-managerial employee and are not involved in administrative or professional tasks, it may be unlikely that you are truly exempt from overtime pay.
• You receive a set salary: Employees who are exempt from overtime pay typically receive a set salary. However, if your salary is less than twice the minimum wage in California and you do not meet the other requirements for exemption, your employer may have inaccurately classified you as exempt.
• You do not have the ability to make managerial decisions: To be classified as exempt, employees must have the ability to make managerial decisions that significantly impact the business. If you do not have the authority to make decisions that impact the company, your employer may have misclassified you as exempt.
• You perform similar tasks to non-exempt employees: If you are performing similar tasks to non-exempt employees, but are classified as exempt, your employer may have inaccurately classified you. For example, if you are performing the same job duties as a non-exempt employee, but are not receiving overtime pay, your employer may have misclassified you.
• You are required to work more than 40 hours per week: If you are a non-exempt employee, you are entitled to receive overtime pay for any hours worked over 40 hours per week. If you are working more than 40 hours per week and are not receiving overtime pay, your employer may have inaccurately classified you as exempt.
• You are not given breaks or meal periods: California law requires employers to provide non-exempt employees with meal periods and rest breaks. If you are classified as exempt but are not given breaks or meal periods, your employer may have inaccurately classified you.
• You are not provided with accurate wage statements: California law requires employers to provide accurate wage statements to employees. If your wage statement does not accurately reflect your hours worked or overtime pay earned, your employer may have inaccurately classified you as exempt.

Next Steps

If you have reason to believe an employer has misclassified you in an attempt to avoid paying you overtime you deserve, you may take legal action accordingly. Discuss your case with a lawyer for more information about your options. At The Kaufman Law Firm, a Los Angeles unpaid overtime attorney can help you pursue the pay you might deserve. For more information, contact us online or call us at 310-981-3404.