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California Exempt Misclassification Attorneys

Are You Being Paid Properly as a California Worker?

It's not uncommon for workers to be paid on a salary basis in California. Nor is it uncommon for an employer to automatically assume that their salaried employee is exempt from overtime and applicable laws.

But did you know that just because your employer may say you are "exempt," it is not necessarily true? The misclassification of nonexempt employees-- and subsequent loss of wages-- has led to many class action lawsuits here in California.

What is the Difference Between Exempt and Nonexempt Employees?

In the simplest of terms, an exempt employee is not eligible for overtime pay, while a non-exempt employee must be provided with overtime pay.

Typically, an exempt employee is one in management or one who meets certain qualifications for things like sales or creative work-- but don't let a fancy job title fool you. Just because an employer may create a position with an important-sounding name, does not mean it's automatically classified as exempt. Rather, the state has rigorous standards that must be met for an employee to truly be considered exempt.

Some of the most common exemptions are:

  • Administrative Exemption
  • Executive Exemption: Someone whose duties involve management duties, over at least two other employees, and has the ability to hire and fire or advance others.
  • Professional Exemption
  • Computer Software Field Exemption
  • Salesperson Exemption
  • Artist Exemption
  • State Employee Exemption
  • A full list of exemptions from California overtime laws can be found here.

    If you're not included in one of the very specific exemptions, then you are entitled to many more legal protections. That's because when an employee is exempt, California states they are excluded from certain aspects of the Industrial Welfare Commission wage orders including:

  • Section 3, overtime premium;
  • Section 4, minimum wage;
  • Section 5, reporting time pay;
  • Section 7, requirement of records under the IWC Orders (but not records required by the Labor Code);
  • Section 9, requirement that employer furnish uniforms and equipment (except, of course, that any expenditure by an employee is recoverable under Labor Code Section 2802).
  • Section 10, requirement that meals and lodging amounts be limited;
  • Section 11, meal period requirement; and
  • Section 12, rest period requirement.
  • You May Be Owed Overtime Pay: Free Review

    The legal experts at Fernandez & Lauby LLP are well-versed in the true differences between exempt and nonexempt status of California workers. Our attorneys are offering a free review of your compensation schedule to determine if you're currently classified and being paid properly under California law. They will also let you know if you are entitled to back overtime pay and may be able to help you claim those wages.

    Contact Fernandez & Lauby LLP for a no-cost consultation and our lawyers will fight for your legal rights as an employee. You can reach us online or call our toll free phone number at 888-959-8508.

     

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    A Focus on Excellence

    We make it a priority to provide outstanding legal support, advice and representation for clients throughout Southern California. From class action litigation involving groups of employees to individual representation for one employee, we are focused on building strong solutions for clients.

    Talk to us first. Call an office near you, or contact us by e-mail to arrange a consultation.

    News & Features

    Follow FernandezLauby on Twitter

    --- Wednesday, June 29, 2016 ---

    We just released a new page detailing critical wage information for California truck drivers.

    --- Thursday, June 9, 2016 ---

    Check out a new short article by Fernandez & Lauby regarding paid vacation benefits.

    --- Thursday, November 12, 2015 ---

    One of our employment attorneys discusses the details of missed meal breaks in her recent article, Hunger Pain Blues. Explore the legal details, penalties, and required extra pay regarding missed meal breaks in California.

    --- Wednesday, November 11, 2015 ---

    Trial Victory -- Fernandez & Lauby attorney, Brian Mankin recently prevailed at trial on an employee's individual unpaid wage claim in San Bernardino County Superior Court. The employee claimed that he was required to work more than 8 hours per day and/or 40 hours per week, but was only paid for 40 hours per week. He also claimed that he was given inaccurate wage statements. The employer claimed that it did not owe any additional wages. Mankin filed a lawsuit for failure to pay minimum wages and overtime wages, as well as failure to provide breaks and accurate wage statements. Following trial, the court awarded the employee his unpaid wages, interest and various penalties, plus the employer was required to pay approximately $60,000 in attorneys fees and costs to Fernandez & Lauby. If you were denied wages, misclassified, not given all required breaks or have any other concerns about your pay or working conditions, feel free to call, or email, the employment law team at Fernandez & Lauby for a free consultation. Most unpaid wage cases are handled by the firm on a contingency basis, meaning you don't pay unless you win.

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    Riverside
    4590 Allstate Drive
    Riverside, CA 92501
    Phone: 951-320-1444 Toll Free: 888-959-8508
    Fax: 951-320-1445
    Current Clients: 951-320-1444
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    Irvine
    7700 Irvine Center Dr, Ste 800
    Irvine, CA 92618
    Phone: 949-788-2905
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    Fax: 951-320-1445
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