If you’re like most people, you know some workers in California are exempt and some are nonexempt. But which one are you, and what do those two terms refer to? This guide explains whether you’re an exempt employee or you’re a nonexempt employee – and what the differences are between the two.
Under the California Labor Code, there are two categories of employees: Those who are exempt from overtime protections and protections that other wage and hour laws provide, and those who are entitled to those protections.
Exempt employees are not entitled to protections under overtime laws or wage and hour laws. Nonexempt employees are entitled to those protections under the Labor Code.
Related: 7 common employment law issues
California law breaks down several categories of employees who are exempt from legal protections regarding overtime and other wage and hour issues. Those main categories include:
In order for an employee to fall into this category, they must:
Related: Minimum wage disputes and unpaid overtime
Registered nurses are generally nonexempt employees. That means they’re entitled to overtime pay and other wage and hour protections. However, some registered nurses are exempt – but only those whose primary duties are administrative or executive, and who meet the other criteria for the so-called white-collar exemption.
Related: California overtime laws for hourly nonexempt workers
Other exempt professionals include:
Employees who earn more than 1.5 times minimum wage and earn more than half of their pay through commissions are also exempt. That’s California minimum wage – not federal minimum wage.
Exempt employees are exempt from California’s overtime laws. That means that their employers do not have to pay them overtime wages for working more than full-time.
On the other side of the coin, nonexempt employees are entitled to overtime pay if they work more than eight hours in one workday or more than 40 hours in one workweek. There are other situations in which employees are entitled to overtime pay, as well.
If your employer calls you an exempt employee and doesn’t pay you for overtime, even if you’re entitled to it, you may have legal recourse. Call our office at 818-230-8380 or fill out the form below to set up a confidential consultation with an experienced professional – we’ll give you the guidance you need.
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