Step-by-Step Guide to Being Misclassified as an Exempt Salaried Employee in California

If you are an employee in California and you believe you have been misclassified as an exempt
salaried employee, it’s important to know your rights and take action to protect them.
Misclassification as an exempt employee can result in being denied overtime pay and other
benefits that you are entitled to under California law. In this blog post, we’ll outline the step-by-
step process for understanding and addressing misclassification as an exempt salaried
employee in California.

Step 1: Understand the basics of exempt and non-exempt classification.

The first step in understanding and addressing misclassification as an exempt salaried employee
is to know the difference between exempt and non-exempt classification. Exempt employees
are generally not entitled to overtime pay, while non-exempt employees are entitled to
overtime pay for any hours worked over 8 hours in a day or 40 in a workweek. Exempt
employees are typically classified as executive, administrative, or professional employees, or as
outside sales employees.

Step 2: Review your job duties and pay.

If you believe you have been misclassified as an exempt employee, the next step is to review
your job duties and pay. Exempt employees must meet certain criteria in order to be exempt
from overtime pay, including being paid a salary of at least twice the minimum wage and
performing exempt job duties. If your job duties do not meet the criteria for exempt status, or if
you are not being paid a salary of at least twice the minimum wage, you may have a claim for
misclassification.

Step 3: Gather evidence.

To support your claim for misclassification, it’s important to gather evidence of the conditions
in your workplace. This may include copies of your job description, pay stubs, and time sheets,
as well as any other documentation that supports your claim. Be sure to keep copies of all
relevant evidence, as you may need to provide it to support your claim.

Step 4: Communicate with your employer.

If you believe you have been misclassified as an exempt employee, it’s important to
communicate with your employer about the issue. You may be able to resolve the matter
informally by explaining your concerns to your employer and providing them with the evidence
you have gathered. If your employer is unwilling or unable to resolve the issue informally, you
may need to take further action.

Step 5: Seek legal advice.

If you are unable to resolve the issue with your employer, or if you have any other questions or
concerns about your rights, it’s important to seek legal advice. An experienced employment
attorney can review the facts of your case and advise you on your rights and options under
California law. They can also help you gather any additional evidence and represent you in legal
proceedings, if necessary.

Step 6: Consider your options for pursuing a claim.

If you believe you have been misclassified as an exempt salaried employee in California, you
may have several options for pursuing a claim. You may be able to file a complaint with the
Division of Labor Standards Enforcement (DLSE), or you may be able to file a lawsuit in court.
Your attorney can advise you on the best course of action based on the specific circumstances
of your case.

If you are an employee in California and you believe you have been misclassified as an exempt
salaried employee, it’s important to know your rights and take action to protect them. By
understanding the difference between exempt and non-exempt classification, reviewing your
job duties and pay, gathering evidence, communicating with your employer, and seeking legal
advice if necessary, you can ensure that you receive the overtime pay and other benefits that
you are entitled to under California law. Don’t hesitate to seek legal help if you have any
questions or concerns about your rights or if you believe you have been misclassified as an
exempt employee.