Los Angeles Misclassification Lawyer
Many California employers improperly classify employees as exempt from overtime requirements. Simply paying an employee a salary or giving them a management title does not automatically make them exempt under California law. If your employer misclassified you, you may be entitled to recover unpaid overtime wages, meal and rest break premiums, waiting time penalties, interest, attorney’s fees, and other damages.
Unpaid Overtime
Recover unpaid overtime for hours worked beyond eight hours in a workday or forty hours in a workweek.
Meal & Break Premiums
Recover additional compensation when employers fail to provide legally compliant meal and rest breaks.
Penalties & Interest
California law provides significant penalties and interest that may substantially increase your recovery.
Attorney's Fees
Many successful employment claims allow employees to recover reasonable attorney's fees and litigation costs.
No Retaliation
California law prohibits employers from retaliating against employees who assert their workplace rights.
What is Exempt Employee Misclassification?
California law requires most employers to pay overtime to employees who work more than eight hours in a workday or forty hours in a workweek unless a valid exemption applies. One of the most common wage and hour violations occurs when employers improperly classify employees as exempt from overtime requirements.
Many employers mistakenly believe that paying an employee a salary or assigning a title such as “Manager” or “Supervisor” automatically eliminates the obligation to pay overtime. That is simply not true. California courts look beyond job titles and focus primarily on an employee’s actual job duties, level of discretion, authority, and whether all legal requirements for an exemption are satisfied.
If your employer improperly classified you as exempt, you may be entitled to recover years of unpaid overtime wages, meal and rest break premiums, waiting time penalties, wage statement penalties, interest, attorney’s fees, and other damages.
California's Most Common Overtime Exemptions
Executive
Exemption
Generally applies to employees whose primary duty is managing a business or recognized department, regularly supervise at least two employees, and who have authority over hiring, firing, or personnel decisions.
Administrative Exemption
Typically applies to employees performing office or non-manual work directly related to management or general business operations while exercising independent judgment on significant matters.
Professional Exemption
Generally applies to employees performing work requiring advanced knowledge obtained through prolonged specialized education or recognized creative or artistic ability.
Signs You May Have Been Misclassified
- You are paid a salary but never receive overtime.
- Your title says "Manager," but you spend most of your day doing the same work as hourly employees.
- You rarely supervise two or more employees.
- You have little authority to hire, fire, discipline, or make important business decisions.
- Your employer requires you to work long hours without overtime pay.
- Your daily responsibilities do not match your job title.
Damages You May Recover
- Unpaid overtime wages
- Double time for hours over 12 in a day or 7th consecutive day
- Meal period premiums
- Rest period premiums
- Waiting time penalties (up to 30 days of pay)
- Wage statement penalties
- Interest on upaid wages
- Attorney's fees and costs
- PAGA penalties (if applicable)
Why Misclassification Happens
Misclassification is more common than you think. Employers may:
- Misunderstand California’s complex overtime laws
- Intentionally misclassify to reduce labor costs
- Use “cookie cutter” job titles and classifications
- Assume that salary automatically means exempt
- Copy policies from other states that have different laws
Regardless of the reason, employees have the right to overtime pay if they are not properly exempt.
Industries Where We Frequently See Misclassification
Office Managers
Project Managers
Restaurant Managers
Retail Managers
Assistant Managers
Operations Managers
IT Professionals
Sales Representatives
Frequently Asked Questions
Can salaried employees receive overtime?
Yes. Many California employees are surprised to learn that simply being paid a salary does not eliminate the right to overtime. To be lawfully classified as exempt, an employee must satisfy both California’s minimum salary requirement and a specific job duties test. If either requirement is not met, you may still be entitled to overtime pay, regardless of how your employer classifies you. Many overtime lawsuits arise because employers incorrectly assume that salaried employees are automatically exempt.
If you’re unsure whether your employer properly classified you as exempt, GS LAW, APC can evaluate your job duties and compensation to determine whether you may have a claim for unpaid overtime wages.
What salary is required for an employee to qualify as exempt?
California law requires most exempt employees to earn at least the minimum salary established by California law, which is adjusted periodically. However, meeting the salary threshold alone is not enough. An employer must also prove that the employee’s primary job duties satisfy the requirements of a recognized exemption, such as the executive, administrative, or professional exemption. If either the salary requirement or the duties test is not met, the employee may be entitled to overtime wages and other compensation.
GS LAW, APC can review both your salary and your day-to-day job duties to determine whether your employer properly classified you as exempt under California law.
Does my job title determine whether I am exempt?
No. California courts look beyond job titles and examine what you actually do on a day-to-day basis. An employee with the title “Manager,” “Supervisor,” or “Director” may still be entitled to overtime if their primary duties involve performing the same work as hourly employees rather than exercising genuine managerial or administrative authority. The law focuses on your actual responsibilities—not what appears on your business card or paycheck.
If you believe your job title does not accurately reflect your actual responsibilities, GS LAW, APC can evaluate whether you have been improperly denied overtime compensation.
What if I supervise employees?
Supervising employees does not automatically make you exempt from overtime laws. To qualify for the executive exemption, an employee generally must spend the majority of their time performing managerial duties, regularly supervise at least two employees, and have meaningful authority over personnel decisions such as hiring, firing, promotions, or discipline. Many employees who supervise others still perform primarily non-exempt work and may have valid overtime claims.
Our firm can evaluate your actual job duties—not simply your supervisory title—to determine whether you may have a claim for unpaid overtime and other wage violations.
How far back can I recover unpaid overtime?
The amount of overtime you may recover depends on the specific claims involved and the applicable statutes of limitation. In many cases, employees can recover several years of unpaid overtime wages, along with meal and rest break premiums, waiting time penalties, wage statement penalties, interest, and attorney’s fees. Because every case is different, it’s important to speak with an employment attorney as soon as possible to preserve your rights.
GS LAW, APC can review your employment history and help determine what wages, penalties, and other compensation you may be entitled to recover under California law.
Can I still file a claim if I currently work for my employer?
Yes. Employees do not have to quit their jobs before asserting their legal rights. California law prohibits employers from retaliating against employees who seek unpaid wages, report Labor Code violations, request legally protected leave, or otherwise exercise their workplace rights. If your employer reduces your hours, disciplines you, demotes you, or terminates your employment because you asserted your rights, you may have an additional retaliation claim.
If you are concerned about protecting your rights while remaining employed, GS LAW, APC can explain your legal options and help you pursue your claim while minimizing the risk of unlawful retaliation.
Resources & Articles
Employment Law Guides
- Employment Law Guides
- California Meal & Rest Break Guide
- California Minimum Wage and Payday Guide
- California Overtime Guide
- California Unpaid Wages, Penalties & Damages Guide
- California Exempt Employee Misclassification Guide
- California Independent Contractor Misclassification Guide
- California Off-the-Clock Guide