"Exempt" from Overtime? Maybe Not.

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.

Don’t Let a Salary Title Rob You of Your Overtime

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.

The "Title" Trick

Just because your boss gave you a fancy title like "Manager" or "Supervisor" doesn't mean you are legally exempt from overtime pay.

Primarily Manual Labor

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.

The Salary Minimum

California law requires exempt employees to earn a monthly salary at least equal to two times the state minimum wage for full-time employment.

Lack of Discretion

To be exempt, you must regularly exercise "independent judgment." If you just follow a checklist provided by your boss, you are likely non-exempt.

No Real Hiring Power

If you have no actual authority to hire, fire, or significantly influence the status of other employees, you don't fit the executive exemption.

The "Exempt" Paperwork

Employers who create "exempt" job descriptions that don't match your actual daily tasks are essentially building a false legal defense.

"Reality Trumps
Your Job Description."

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

No Upfront Fees

We work on a contingency basis. You pay nothing unless we recover your unpaid overtime wages.

California Law Expertise

We know the complex "Duties Test" and salary thresholds that employers often try to ignore.

Strategic Pressure

We force employers to produce evidence of your actual job duties, which often reveals they had no legal basis to classify you as exempt.

Our Process is Simple & Transparent

You do not need to figure this out alone. We take the guesswork out of your employment status.

Start with a conversation

No high-pressure sales. Just an honest talk about your situation and how we can help.

01

Start With a Conversation

We discuss your salary, your daily responsibilities, and how much authority you actually have at work.

02

Review the Records

We gather your job description, contract, and daily task lists to see how they align with California’s legal requirements.

03

Build the Claim

We calculate the total unpaid overtime and break premiums you were denied based on your actual, non-exempt status.

04

Push for Recovery

We pursue your employer for the full value of the wages they withheld, plus interest and applicable legal penalties.

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Ready to Speak Up?

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.

Common Questions About Exempt Status

What are the two main requirements to be "exempt"?
To be exempt in California, you must meet both a “Salary Basis Test” (earning at least two times the state minimum wage) and a “Duties Test” (performing specific high-level executive, administrative, or professional work).
No. If you earn less than two times the California minimum wage, you are automatically non-exempt—even if you perform high-level managerial duties.
It means your job must involve the exercise of “independent judgment and discretion.” You must be involved in high-level decision-making. If you are just performing routine tasks under supervision, you don’t pass the test.
If your employer docks your pay for being late or taking a few hours off, it can actually destroy your exempt status. Exempt employees must be paid their full salary for any week in which they perform work.
Under California’s “quantitative” rule, you must spend at least 51% of your time performing exempt duties. If you spend most of your day doing hourly-style work, the law usually requires your employer to pay you overtime.
Having a degree doesn’t automatically make you exempt. The “Professional Exemption” only applies to specific fields (like medicine or law) and specific high-level functions. A degree alone is not a “get-out-of-overtime-free” card for an employer.
Yes. Reclassification cases often result in significant back-pay because they span your entire time in that role. If you have been misclassified for years, the amount of overtime pay and penalties can be substantial.