One of the most common questions employees ask is whether they should be paid for working overtime as salary-based employees. Our California employment law attorneys dive into the different types of salary employees and which ones are legally required to receive overtime pay in California.
Types of Salary Workers: Exempt vs. Non-Exempt
Salary employees classified as exempt employees are not entitled to overtime pay according to the Fair Labor Standards Act (FLSA). To be considered an exempt employee, a worker must fall into an exception category.
In most cases, exempt employees are those with executive, administrative, and professional titles. However, the exemption isn’t based on job titles alone. For an employee to be considered exempt, they must meet other requirements, including:
- Be primarily engaged in executive, administrative, or professional duties (it should be at least 50 percent of their job duties).
- Regularly exercise discretion and independent judgment in their roles
- Earn a salary equivalent to at least twice the state minimum wage for full-time work
Just because an employee has an annual salary or administrative role, it doesn’t automatically make them exempt according to California labor laws. Non-exempt employees are those who don’t meet the requirements to be an exempt worker.
Non-exempt workers are protected by federal and California employment laws. Therefore, non-exempt workers are entitled to overtime pay. It means that non-exempt workers must earn overtime if they work more than:
- Eight hours in a single day
- Forty hours in a single workweek, or
- Six days in a single workweek
What If I’m Not Being Paid Overtime as a Non-Exempt Worker?
If you are categorized as a non-exempt salary employee, and you are not being paid for working overtime, you can file an unpaid wages claim. Filing a claim can help you recover the monetary compensation you should have received for working extra hours.
Our team at Marder Employment Law has helped employees across California recover their unpaid wages. We have the knowledge, skills, and experience needed to help you obtain your desired outcome.
Contact us today at (888) 796-4010 to schedule a confidential consultation!