Exempt / Non Exempt Issues
Under California law, and employer may classified certain employees as "exempt" from overtime, i.e. they would be paid an annual salary regardless of how many hours a day or per week they work. The rest of the employees are considered "non exempt" and they are paid hourly for every hour they work, including overtime (when working in excess of 8 hours a day or 40 hours per week).
To be exempt, a position must meet certain specific requirements under one or more of types of exemptions specified by law. One of the common types of claims brought by employees against their employers is a claim for misclassification and for failure to pay overtime, where the employer classifies an employee, who should be hourly and non-exempt, as exempt in order to avoid paying overtime.
To be exempt, a position must meet certain specific requirements under one or more of types of exemptions specified by law. One of the common types of claims brought by employees against their employers is a claim for misclassification and for failure to pay overtime, where the employer classifies an employee, who should be hourly and non-exempt, as exempt in order to avoid paying overtime.
