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Exempt Misclassification

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A common error under both federal and California wage law is the misclassification of employees as “exempt” from overtime pay, when such employees are actually non-exempt, hourly employees under the applicable law. Goyette & Associate’s team of wage and hour lawyers are experts in navigating the ‘tests’ to qualify for ‘exempt’ status and how they are defined under both the federal FLSA and under CA wage law.

Salary Test

‘Exempt’ employees must satisfy both a ‘salary test’ and a ‘duties’ test. The salary test requires that exempt employees receive a predetermined amount of pay (for each year or each work/pay period) which is at least twice the amount of pay based on minimum wages and which is not subject to reduction or variation based on the quantity or quality or the work performed.

Duties Test

Exempt’ employees must satisfy both a ‘salary test’ and a ‘duties’ test. The ‘duties’ tests vary somewhat for Executive, Administrative and Professional exemptions, but all require the regular exercise of independent judgment and discretion by the exempt employee (as opposed to non-exempt employees following detailed directions under close supervision or under numerous requirements set by the employer).

Class Action Litigation

G&A’s Gary G. Goyette is a preeminent expert in class action litigation and has represented both plaintiff classes and defended company defendants successfully in state and federal court class action proceedings.

Overtime pay due to misclassification

Misclassification of employees as ‘exempt’ when their pay and duties dictate that they are really non-exempt, hourly employees can result in significant overtime pay owed. Even if the pay provided to such misclassified employees is found to ‘cover’ all the hours worked, a portion of overtime pay for the hours which surpass the applicable overtime pay trigger will be owed, since overtime pay is either time and a half or double time pay.

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If you are an employee or an employer with specific questions regarding the classification of employees as exempt versus non-exempt, hourly, contact Goyette & Associates today.

Contact G&A’s team of exempt misclassification experts now to have your legal needs reviewed.


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