Our Blog

Read about legislation, cases, law news on how our
work is helping our clients.
CONFIDENTIAL & FREE CONSULTATION

Employers can classify certain employees as exempt from minimum wage laws if they meet certain requirements. Speak with a California minimum wage lawyer about your rights and any concerns you may have about unpaid wages. 

Both federal law and the California Labor Code provide the right to minimum wage for employees. However, did you know that these laws don’t necessarily apply to everyone? Some employees are considered exempt from wage and hour laws, among other things, and employers often prefer to classify employees as exempt whenever possible.

If your employer informs you that you are exempt, but you believe you are not, you might have a wage claim if your pay was not in line with minimum wage requirements. Our California minimum wage lawyers can assess your situation and advise you of a possible wage claim.

Requirements for Exemption

Employers cannot simply choose when someone is exempt or not. Instead, California law makes it clear which requirements must be met in order to classify someone as exempt. 

Salary Requirements

Generally speaking, exempt employees must receive a set salary (unless they are in certain professions, such as computer professionals or outside salespeople). A salary means that someone is guaranteed to receive the same amount of pay regardless of how many hours they work in a pay period.

In addition, a salary must meet a minimum threshold to qualify as exempt. This threshold is twice the amount that someone would earn for a 40-hour week at the minimum wage rate. In 2021, this minimum salary is:

  • For employers with 25 or fewer employees = $54,080 per year or $4,506.67 per  month 
  • For employers with 26 or more employees = $58,240 per year or $4,853.34 per month

If you earn less than the above, your employer must comply with all minimum wage and overtime requirements. This amount is set to increase again on January 1, 2022. 

White-Collar Job Duties

Just because you have a certain salary does not mean that you are automatically exempt, as you also must have certain job duties. Some job titles or duties that might qualify as exempt include:

  1. Executives
  2. Administrative duties
  3. Professional duties
  4. Commissioned employees
  5. Outside salespeople
  6. Surgeons and physicians
  7. Computer professionals
  8. Private school teachers
  9. Certain commercial drivers
  10. Certain union employees

Other professions might have special wage laws that apply, though they might not be fully exempt from minimum wage and overtime laws. 

Independent Judgment

The final requirement is that someone who is exempt must have independent judgment and discretion when performing their jobs. You cannot simply label someone as an “administrative” or “professional” employee and meet the requirements for exemption. Instead, the employee’s duties must be in line with their job title, and they must be able to work on an independent basis.

Contact Our Experienced California Minimum Wage Lawyers

If your employer claims you are exempt, yet your position does not meet the requirements, you might have important legal rights. It is important to have a California minimum wage lawyer from Mara Law Firm evaluate your legal options and take action if needed to protect your wage rights under the law. Call (619) 234-2833 or contact us online for a free consultation 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

  • 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*