Exempt or Non-Exempt

An employee's title is not what is controlling in determining whether they are truly Exempt or Non-Exempt. In California, under the Labor Code as well as Industrial Wage Orders, a 50/50 test is used. To be considered exempt from overtime, one must spend over 50% of their time performing managerial, non- administrative duties.

If an employee does not perform managerial duties over half the time, they are entitled to overtime compensation under California law. If you are concerned that your employer is not properly paying your wages, you should consult with an attorney.


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