California employers are generally obligated to pay overtime wages. However, if an employee is classified as an exempt-employee, he or she does not have to be paid extra wages for overtime. Many California employers negligently–or purposely–misclassify non-exempt employees as exempt in order to avoid providing time and a half pay for overtime worked.
If you are an employee in the state of California who is classified by your employer as ?exempt,? you may or may not meet the criteria for an exempt employee. An employment attorney from Beverly Hills Law Corp., PC can help assess your specific situation and determine how you should be classified.
There are specific considerations that must be reviewed to determine an employee?s proper classification.
- Job titles are not the deciding factor.
- An employee with a job title that classifies him/her as exempt may not qualify as an exempt employee if the actual duties do not meet the requirements for one of the exemptions.
- Discretion and Independent Judgment.
- Employees who are classified as exempt must regularly exercise discretion and independent judgment in their jobs.
- There are several exemption categories.
- Administrative exemption
- Executive exemption
- Professional employee exemption
- Computer professional exemption
- Salesperson exemption
Determining whether you qualify for one of these exemptions requires a careful review and analysis of your job duties. We can help you undergo this review and analysis.
If you are an employee who believes you may have been misclassified–or are an employer who needs advice regarding the proper categorization of your employees–contact an employment attorney at Beverly Hills Law Corp., PC today for a free consultation.
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