Misclassified as Exempt? How to Claim Your Overtime Pay
One of the most common ways employees lose out on fair pay is through misclassification. In California, being labeled “exempt” from overtime doesn’t always mean you should be exempt—and if you’re misclassified, you could be owed significant unpaid wages.
What Does “Exempt” Really Mean?
In California, exempt employees are generally salaried workers who are not entitled to overtime pay. But that classification depends on your actual job duties, not just your job title or whether you’re salaried.
To be legitimately exempt, most employees must:
- Spend more than 50% of their time on executive, administrative, or professional duties
- Exercise independent judgment in their work
- Earn a salary that’s at least twice the minimum wage for full-time employment
If that doesn’t describe your situation, your employer might be misclassifying you—intentionally or not.
Signs You May Be Misclassified
- You work long hours without extra pay
- Your main duties involve routine or manual tasks
- You don’t manage anyone, yet you’re labeled “manager”
- You’re salaried, but your responsibilities are similar to hourly coworkers
Why It Matters
Misclassified workers are often entitled to back pay for:
- Overtime (1.5x your regular rate for hours over 8/day or 40/week)
- Missed meal and rest breaks
- Potential penalties for labor law violations
These amounts can add up—especially if you’ve been working under a misclassification for months or even years.
What You Can Do
If you suspect misclassification:
- Document your daily duties and hours worked.
- Contact the California Labor Commissioner’s Office or a labor law attorney.
- You may be able to file a claim for unpaid wages, interest, and penalties.
Don’t let a misleading job title or incorrect classification keep you from the pay you’ve earned.
