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FREQUENTLY ASKED QUESTIONS



Q: Is salary a factor in determining if an employee is exempt or non-exempt?

A: Under California Labor Code 515, employees must earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment to be considered exempt. Under the Fair Labor Standards Act, employees generally must be paid no less than $455 per week to qualify for an exemption.

Q: What other jobs are exempt under the FLSA?

A: Computer employees (such as computer systems analysts, computer programmers, and software engineers), outside sales employees, and highly paid employees(i.e. employees earning more than $100,000 per year).

Q: Are there exceptions to the requirements for exemption under the FLSA?

A: Yes. The exemptions do not apply to manual laborors, including carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, and construction workers, regardless of their salary or rank. The exemptions also do not apply to police officers, detectives, deputy sheriffs, state troopers, highway patrol officers, investigators, inspectors, correctional officers, parole or probation officers, park rangers, fire fighters, paramedics, emergency medical technicians, ambulance personnel, rescue workers, hazardous materials workers and similar employees.

Q: Can my employer fire me because I inquired about my employment rights?

A: No, it is illegal for your employer to discriminate or retaliate against you for inquiring about your rights, safety concerns or status as an independent contractor. Retaliation may include the threat of or actual termination, demotion, suspension, or harassment.

Q: How much will Girard Gibb's employment law attorneys charge me?

A: Nothing. Our employment law attorneys do not charge our clients for bringing a lawsuit.

HOME > PRACTICE AREAS > EMPLOYMENT & LABOR LAW > EXEMPT V. NON-EXEMPT EMPLOYEES

Exempt v. Non-Exempt Employees

Are you missclassified as exempt?

Under The Fair Labor Standards Act (FLSA) and the California Labor Code, employees are entitled to receive overtime pay unless they are properly classified as “exempt” employees. Although employees must meet specific requirements under state and federal law to be classified as exempt, it is not uncommon for employers to mischaracterize employees’ job duties in order to avoid paying them overtime and other benefits.

What are the types of exempt employees?

There are three main categories of exempt employees: executive, professional, and administrative. The exact definitions of these categories vary, but the burden is on the employer to show the employee is properly classified as exempt from receiving overtime.

Under California law, executive, professional and administrative employees must earn at least two times the state’s minimum wage and must perform exempt work duties at least 50% of the their work time. Whether an employee is properly classified as exempt is determined on a case by case basis.

What can I do if I believe I am missclassified as exempt?

If you believe that your employer misclassified you as exempt, or if you have questions about California labor law, please call toll-free (866) 981-4800 or fill out the form on the right for a free consultation with a labor and employment attorney.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.

Why Girard Gibbs LLP?

Girard Gibbs is a San Franciso-based law firm specializing in employment and labor law, securities litigation, consumer class actions and complex business litigation. Our California labor and employment attorneys are knowledgeable about employee rights under federal and California employment law, and actively pursue claims on behalf of employees whose rights have been violated. Girard Gibbs' managing partner Daniel Girard was voted one of Northern California's Super Lawyers in 2007 and 2008 by Law & Politics, recognizing him as one of the top 5-percent of attorneys practicing in Northern California.





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