In California, employees are classified as exempt or non-exempt. Non-exempt employees are entitled to various wage and hour protections including meal and rest breaks and overtime wages. Exempt employees are paid a salary of at least twice the California state minimum wage and are primarily engaged in job duties that require independent judgment and discretion. Employees are often misclassified as exempt by their employers in order to avoid paying overtime wages. Claims for misclassification can be significant.
Are you earning a low flat salary? Employees earning less than twice the state minimum wage are misclassified as exempt. If you work for a company of 25 or less employees and earned a salary that is less than $54,080 in 2021, $58,240 in 2022, or $64,000 in 2023, you are receiving less than twice the state minimum wage. If you work for a company of 26 or more employees and earned a salary that is less than $58,240 in 2021, $62,400 in 2022 or $66,560 in 2023, then you are receiving less than twice the state minimum wage and are misclassified.
The attorneys at the Work Justice firm can hold your employer responsible for your lost wages. Please contact us immediately if you believe you are being misclassified.
