Employee Classification: Exempt Vs. Nonexempt Employees

Employers will sometimes misclassify workers in an effort to get around paying overtime. When this happens, it is important to hold employers accountable and to help workers recover the compensation that they are owed.

At The Law Offices of Scott A. Miller, APC, our attorneys help workers in California recover unpaid overtime and other damages from employers who are violating the law. We have extensive experience representing large numbers of employees in class action lawsuits. To find out how we may be able to help you, call 888-343-3455.

Determining Proper Classification

Salaried employees are considered to be exempt, while hourly employees are nonexempt. However, things are not always so cut and dry. There are certain situations where a salaried employee may still be eligible to be paid overtime and be entitled to a meal break.

An employee's job title is not necessarily a determining factor in deciding whether he or she is exempt. A person's job-related duties are a better metric for deciding how an employee should be classified. For example, an employee may be named a manager of a department, but if he or she does not actually perform any managerial duties and does the same type of work as other hourly employees, he or she would be considered nonexempt.

Contact Our Lawyers If You Believe You Are Entitled To Unpaid Overtime

We are dedicated to protecting the rights of workers in Los Angeles County and throughout California, especially in class actions. To schedule a consultation, call 888-343-3455. You may also contact us online.

We represent clients in Bakersfield, El Centro, Fresno, Long Beach, Los Angeles, Oakland, Redding, Sacramento, Salinas, San Bernardino, Oakland, San Diego, San Francisco, San Jose, Santa Ana, Santa Barbara, Santa Rosa, Stockton, Van Nuys and throughout California.