What is the administrative exemption to California’s labor laws? This guide explains the rule that applies to administrative employees regarding overtime, as well as meal and rest breaks.
Administrative employees are exempt from California’s overtime laws, and they’re not entitled to meal and rest breaks – but how do you know if you’re an administrative employee? What can you do if you’re not an administrative employee but you’re not receiving overtime pay? Here’s what you need to know.
An exempt administrative employee must:
If you are exempt based on California law, you are not entitled to overtime pay, or to meal and rest breaks that other employees are entitled to.
If some of your workday involves administrative tasks, but you also engage in non-administrative work (including manual labor), you may or may not be an exempt employee. The key lies in how much of your work is administrative. For example, if you spend most days in the office, conducting administrative tasks, but you occasionally go help other workers with tasks that are not related to running or managing the company, you are probably still an exempt administrative employee. However, if most of your work is not administrative, although you occasionally perform administrative tasks, you may not be exempt from overtime laws or meal and rest break laws.
Sometimes employers misclassify employees – and it may be intentional or unintentional. If you are a misclassified employee, you may be able to bring a lawsuit against your employer for unpaid overtime pay.
Related: Minimum wage disputes and unpaid overtime
If you’re an exempt employee, some of California’s wage and hour laws don’t apply to you. Specifically, you won’t qualify for overtime pay – and you’re not entitled to the same meal and rest breaks that your fellow employees are entitled to receive.
Nonexempt employees are entitled to the following.
Hours Worked | Pay Rate |
8 or more in one day | 1.5 times the hourly rate |
40 or more in one workweek | 1.5 times the hourly rate |
7th consecutive day in one workweek | 1.5 times the hourly rate |
12 or more per day | 2 times the hourly rate |
Over 8 hours on the 7th consecutive day in a workweek | 2 times the hourly rate |
Nonexempt employees are entitled to:
Your employer is supposed to pay you a fair wage, even if you do work overtime without additional compensation as an exempt employee. The table below outlines the minimum salary for exempt employees, depending on your employer’s size.
Year | Employers With 25 or Fewer Employees | Employers With 26 or More Employees |
2020 | $49,920 | $54,080 |
2021 | $54,080 | $58,240 |
2022 | $58,240 | $62,400 |
2023 | $62,400 | $66,560 |
If you believe your employer has misclassified you, or if you have another issue with the administrative exemption to California’s labor laws, we may be able to help you. We will be happy to evaluate your case – just call us for a free consultation at 818-230-8380 or fill out the form below.
Overtime is defined as any hours worked over 8 in a day or 40 in…
How do you file a labor board complaint in California? The answer to this question…
If you've been the victim of workplace discrimination in California, you may be wondering what…
You may be wondering if your employer is required to reimburse you for work-related expenses…
Most employers in California are required to provide workers with seating. IN fact, there are…
Unpaid commissions in the state of California are monies that are earned by an employee…
This website uses cookies.