Home – Exempt vs. Non-Exempt Misclassification
Still Owed Overtime?
Employers frequently label employees "Exempt" to avoid paying overtime, hoping you’ll take the label at face value. In California, your job title and salary aren't enough—your actual daily duties decide your rights. We help you determine if you were illegally denied overtime pay.
Employers love to use the "Exempt" label. It’s a convenient way to keep you working 50, 60, or 70 hours a week without paying a dime in overtime. But the law is very specific: to be legally exempt, you must earn a salary that meets strict minimum requirements and perform specific high-level duties that are primarily managerial or professional. If your workday looks more like your hourly-paid colleagues, it’s time to level the playing field.
Just because your boss gave you a fancy title like "Manager" or "Supervisor" doesn't mean you are legally exempt from overtime pay.
If you spend more than 50% of your day doing the same work as non-exempt staff, you are likely non-exempt—regardless of your salary.
California law requires exempt employees to earn a monthly salary at least equal to two times the state minimum wage for full-time employment.
To be exempt, you must regularly exercise "independent judgment." If you just follow a checklist provided by your boss, you are likely non-exempt.
If you have no actual authority to hire, fire, or significantly influence the status of other employees, you don't fit the executive exemption.
Employers who create "exempt" job descriptions that don't match your actual daily tasks are essentially building a false legal defense.
Employers will show us your job description and claim you are "Exempt." We look at your actual workday—the time you spend stocking shelves, answering routine calls, or performing basic data entry. If your reality doesn't match the legal definition of an exempt professional, you are owed overtime. We audit your actual duties to prove the truth.
“A salary is a payment structure, not a waiver of your rights. If your employer is ignoring the law, we make them pay for every hour of overtime they stole.” — Avi Gholian, Founding Attorney
We work on a contingency basis. You pay nothing unless we recover your unpaid overtime wages.
We know the complex "Duties Test" and salary thresholds that employers often try to ignore.
We force employers to produce evidence of your actual job duties, which often reveals they had no legal basis to classify you as exempt.
You do not need to figure this out alone. We take the guesswork out of your employment status.
No high-pressure sales. Just an honest talk about your situation and how we can help.
We discuss your salary, your daily responsibilities, and how much authority you actually have at work.
We gather your job description, contract, and daily task lists to see how they align with California’s legal requirements.
We calculate the total unpaid overtime and break premiums you were denied based on your actual, non-exempt status.
We pursue your employer for the full value of the wages they withheld, plus interest and applicable legal penalties.
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ou’ve been working overtime, but you haven’t been paid for it. Let's change that. Contact us today for a free, confidential consultation. We fight on a contingency basis—you pay nothing unless we win.