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August 27, 2025
1:20
Exempt or Non-exempt?
Exempt vs. Non-Exempt Employees in California
In California, employees are generally classified as either exempt or non-exempt, and the distinction is critical for understanding your workplace rights.
Exempt Employees
- Paid a salary instead of hourly wages
- Not entitled to overtime pay under California law
- Not guaranteed meal or rest breaks
- Must generally perform professional, executive, or administrative duties
- Must earn at least twice the state minimum wage on a full-time basis
Non-Exempt Employees
- Protected by California wage and hour laws
- Must receive overtime pay for: (a) Over 8 hours in a day, and (b) Over 40 hours in a week
- Entitled to meal breaks and rest periods
- Must be paid at least the applicable minimum wage
✅ In short:
Exempt = no overtime or break protections
Non-exempt = full wage, overtime, and break protections
Protecting Your Workplace Rights
Misclassification is common in California, where employers incorrectly label workers as exempt to avoid paying overtime or providing breaks. If you believe you’ve been misclassified, you may be owed back pay, penalties, and damages.