Exempt from Overtime or Not?
California labor laws are designed so that the employer cannot make just anyone work without overtime pay. The law is quite specific; you must fall under certain criteria in order to be paid a flat rate per pay period regardless of the number of hours you work. These criteria are referred to as exemptions because they are stating why a person would be considered exempt from overtime, otherwise referred to as a salary employee.
Non- Exempt refers to employees that are not exempt from overtime and who are entitled to an hourly wage with overtime pay along with meal and rest breaks.
Often times employers will classify employees as salary or exempt, without making sure the employee falls under one of the exemptions that California labor laws have laid out. Companies often do this in order to avoid giving meal and rest breaks and avoid having to pay for overtime.
California is one of the most pro-employee states in the US because while the federal labor laws and many other states only require overtime to be paid after 40 hours a week, California requires that overtime also be paid after 8 hours in a day. This can be more costly to employers that work their employees more than 8 hour shifts.
To review California exemptions you can visit the following website: http://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm. The most important thing to remember is that your job title does not dictate your exemption status, rather your job duties are the most important thing to examine.
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.
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