Our Blog

Read about legislation, cases, law news on how our
work is helping our clients.

While the minimum wage for non-exempt employees is now $15.50 for 2023, the State of California also increased the minimum wage threshold for overtime-exempt employees. One requirement for an employee to be exempt from overtime pay is that they earn a specific amount or higher as their salary. 

As of January 1, 2023, California law requires exempt employees to earn at least $64,480 per year as their base salary. This is twice the amount a full-time worker earning minimum wage would earn based on the new $15.50 rate. 

If you are earning less than $64,480 and your employer claims you are exempt from overtime, you should speak with a wage attorney as soon as possible. It is likely that you are either misclassified or that your salary should increase to meet the exemption threshold. 

Unfortunately, misclassification as exempt is all too common in California. Many employers try to get around paying overtime by telling employees they are exempt when they should qualify for overtime under the law. Do not allow your employer to save on overtime rates if you should be non-exempt. Further, if your employer wants to keep you as exempt, they must increase your salary to meet the minimum wage threshold. 

General Minimum Wage Information for California

Starting in 2016, the California legislature decided to gradually increase the minimum wage to $15 per hour, with an additional increase heading into 2023. Some localities have an even higher minimum wage, and everyone should know the required minimum wage for the city where they work. 

The additional increase to $15.50 comes from an analysis of the United States Consumer Price Index for Urban Wage Earners and Clerical Workers (U.S. CPI-W) by the California Department of Finance. Because the rate of inflation increased by almost 8 percent, the Department of Finance recommended a 3.5 percent increase in the minimum wage for 2023. 

Every employer should comply with the changing minimum wage rates. Lack of knowledge is not an excuse to violate an employee’s minimum wage rights. Further, employees should know how much they should be paid under the law, whether exempt or not. 

The law requires employers to post public wage information, including the current minimum wage rate. Employers must also make sure to clearly show an employee’s salary or pay rate on their pay statements.

It is still important for employees to keep a close watch on their pay, especially as the laws require higher pay in a new year. Check the law and then check to see how much your employer is paying you in January. If there is a discrepancy or you have concerns, speak with a wage attorney in California immediately. 

A lawyer can assess whether your employer is in violation of minimum wage laws or minimum exempt threshold requirements. If so, they can determine the best course of action to get you the back pay your employer owes you. 

Consult with a California Minimum Wage for Exempt Attorney

At Mara Law Firm, we work to resolve wage claims as effectively and efficiently as possible, and we can review whether you and/or your coworkers have a wage claim. Contact us for a no-cost case evaluation today.

Share here...

FREE CASE REVIEWRequest Consultation

Fill out the form 24/7 and our legal team will immediately reach out to you about your situation


This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney David Mara who has more than 20 years of legal experience in employment law.

  • I remember screaming at a dear friend of mine saying, “WHY WON’T THE INSURANCE COVER MY TREATMENT!” He said, “…because they know if they do it will increase your settlement.” I said, “WHAT SETTLEMENT! I JUST WANT TO GET TREATMENT! I DIDN’T ASK FOR A SETTLEMENT!” Somewhere I f...

    Mara Law Firm ClientSan Francisco

  • He represented me and many old CO-workers. They were very professional & I’d recommend them to anyone. Great Lawyers for the forgotten working man.

    ScottSan Francisco

  • I would definitely recommend David and really appreciated all the hard work he contributed. David really went the extra mile to help his customers. We were very happy and satisfied with his services. Thank you David!

    Mara Law Firm ClientSan Francisco

  • Mr. Mara was a pleasure to work with. He kept me in the loop. Can’t say enough how good it feels to have someone fighting for you, giving you a voice.

    AlbertSan Francisco

  • I was blown away by the results my case got. It far exceeded my expectations. Not only do you get someone who is a great professional; but he will fight for what you deserve. I was uncertain in the beginning; now I’m a believer. Mr. Mara is also personable. Lisa his paralegal was tremendous throughout the whole process. Sh...

    Jerome HarrisSan Francisco

  • Mr. Mara and his firm helped me file a claim for death benefits on behalf of my late husband. I was very pleased with his knowledge, research, and representation regarding my DBA claim for death benefits. I would absolutely recommend him and his associates to my friends, family, and others needing an attorney who specializes in ...

    Sally A ChandSan Francisco

  • Dave Mara did an outstanding job on my DBA case. Dave, I personally want to thank you for guiding me in the right direction and having a successful case outcome. God bless you for all the effort you put into my DBA case. Words can’t describe how thankful I am. Thank you for helping injured overseas contractors.

    Jim Joned San Francisco

  • Mr. Mara and his staff were very professional and I would highly recommend Mr. Mara. Mr. Mara had my best interests in settling my case and I am very appreciative of all he and his staff did for me. If I ever needed help or had simple questions, Mr. Mara and his staff were always available to take my calls and help me. Highly re...

    DebSan Francisco

  • Dave Mara comes with a very high recommendation. He took a workmans compensation case for me and really handled it well. It was an unclear case and a new issue that the WC most likely had never seen. He kept me up to date with the long confusing process and was very understanding and sympathetic to my plight (I was the victim of...

    Linda DSan Francisco

View All Testimonials

Request your confidential & free case consultation

If you are in need of employment litigation attorney in California or have been injured overseas while under a military contract and are in need of a defense base act attorney. Please fill out the form below and contact us immediately for a FREE consultation.

all fields are required*