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If I receive a salary does that mean I am exempt from overtime?
Not necessarily. Being salaried does not guarantee exempt status. Some salaried employees may be incorrectly classified as exempt. There are many categories of exemptions that are governed by complex rules that depend on various factors, such as the type of duties an employee performs.
In general, non-exempt employees receive overtime pay while exempt employees are paid a fixed amount regardless of how many hours they work in a pay period. The three main categories of exempt workers are administrative, executive and professional — commonly known as “ white collar exemptions.”
“Executive Exemption” refers to employees who have a managerial role over a minimum of two people. They also have input on performance reviews and the hiring and firing process. Examples of “ Administrative Exemption” are stockbrokers, marketing managers and high-level financial analysts. Both executive and administrative employees are required to spend over half their work day on exempt duties. “Professional Exemption” comprises architects, teachers, lawyers, doctors and other degreed professionals.
Employees in these categories must be paid a salary at least twice the California minimum wage. However, even employees who earn a higher salary may be non-exempt if in reality they spend more than half their time performing non-managerial duties— or the same types of duties as non-exempt employees.
In addition, certain other types of jobs may be considered exempt by definition under law, including airline employees, outside sales force (if they truly spend most of their time outside the office) and truck drivers who cross state lines.
If you suspect you are wrongly classified as exempt, or any other overtime, minimum wage or other wage error by your employer, McCormack Law Firm has an extensive background helping individuals with wage claims to recover their damages.
Related Unpaid Wage, Overtime and Commissions FAQs
- Am I entitled to meal breaks and rest breaks if I am working remotely?
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- Can My Employer Withhold Commissions If I Resign or I’m Terminated?
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- Does my employer have to pay me for off-the-clock work?
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- How can a lawyer help with my claim for unpaid wages?
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- How do I file a claim for unpaid wages?
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- How do I know if my employer needs to pay me overtime?
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- If I receive a salary, am I exempt from overtime?
- If my employment is terminated, is my employer still required to pay me my commissions?
- Is my employer allowed to deduct anything from my paycheck?
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- Is my employer allowed to withhold my final wages after firing me?
- Is my employer required to pay for my meal break and rest breaks?
- My employer is forcing me to work through meal breaks. What should I do?
- What Are My Rights Regarding My Final Paycheck Once I Quit My Job?
- What are some examples of wage theft?
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- What Are Unpaid Commissions in California?
- What is an exempt and non-exempt employee?
- What Is Not Considered A Commission?
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This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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