Los Angeles Employment Attorneys

My Employer Claims I Am “Exempt” from Certain Labor Regulations. Is That True?

You should never assume your employer is being truthful when discussing your rights as an employee, even if an employment contract you signed supports their interpretation of their obligations to you. While it is true that some employees are genuinely considered “exempt” and are not entitled to certain protections and benefits, including overtime pay and mandatory meal and rest periods, employers frequently misclassify non-exempt employees as exempt to avoid these obligations. 

Your job title alone does not determine whether you are an exempt employee. To qualify as a truly exempt employee in California, you must meet strict criteria regarding both your actual job duties and your compensation. You must generally exercise independent judgment and discretion in executive, administrative, or professional roles for more than half of your work time. We often find that companies improperly apply these labels to staff who primarily perform routine or production-level tasks, regardless of whether they call you a "manager" or "administrator." 

In addition to the duties test, your employer must pay you a fixed monthly salary that meets a specific minimum threshold, generally twice the applicable minimum wage for full-time employment. If your pay falls below this limit, or if your employer deducts money for hours missed, you are likely considered a non-exempt employee under the law and are entitled to overtime pay and meal and rest periods.