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Exempt vs Non-Exempt Employees

California law classifies employees as either exempt or non-exempt for purposes of overtime pay, meal and rest breaks, and other wage and hour protections. Misclassification is a common violation that can cost employees thousands in unpaid wages.

Non-Exempt Employees

Entitled to overtime pay (1.5x after 8 hours/day or 40 hours/week, 2x after 12 hours/day), meal breaks, rest breaks, and minimum wage protections. Most hourly workers are non-exempt.

Exempt Employees

Not entitled to overtime pay or meal and rest breaks. Must meet strict salary basis test (at least 2x minimum wage for full-time), salary level test, and duties test (executive, administrative, or professional).

Common Misclassification Issues

Employers often misclassify non-exempt workers as exempt to avoid paying overtime. Job title alone does not determine exempt status. The actual job duties performed are what matter under California law.

Your Rights If Misclassified

If you were misclassified as exempt, you may be entitled to unpaid overtime wages, missed meal and rest break premiums, waiting time penalties, and attorney fees. You can typically recover up to 3-4 years of back pay.

Contact The Azizi Firm

Contact The Azizi Firm for a free evaluation of your wage and hour case. If you were misclassified as exempt, you may be owed significant unpaid wages.

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