What Jobs Are Exempt from Overtime in California?

Overtime laws in California are meant to ensure that employees who work overtime are properly compensated for this work. Overtime pay in California is one and a half times the employee’s regular pay rate, and applies to any hours worked in excess of eight per day or 40 per week. A worker might be entitled to double their regular pay rate for hours in excess of 12 hours per day.

Some employees are exempt from overtime law, however, which means that particular classifications of employees are not subject to the same requirements when they work extra hours.

Who is exempt from overtime?

A number of groups of employees are exempt from these overtime requirements. Some people assume that hourly workers are always entitled to overtime pay, while salaried workers do not get overtime, but this is not an accurate rule of thumb.

In many cases, a salaried employee is indeed entitled to overtime pay. The only circumstances under which a salaried employee would not be entitled to overtime wages is if they are exempted from overtime by the California Labor Code or one of the Industrial Welfare Commission Wage Orders. Likewise, certain workers who are paid hourly may also be exempt from overtime laws.

Some workers are exempt under what is known as “white collar exemptions”—executive, administrative, and professional employees. Examples of these kinds of exempt employees include those who work in finance, quality control, and advertising. In these cases, the workers are paid a salary rather than an hourly wage.

Other employees who are exempt from overtime may include:

• Outside salespersons
• Taxi drivers
• Full-time carnival ride operators in a traveling carnival
• Professional actors
• Private school teachers
• Minors employed as babysitters
• Close relatives of the employer
• Sheepherders

Can an employee voluntarily exempt themselves?

The short answer is no. If an employee is not considered exempt, then they must be paid all due overtime compensation under California law. If your employer has had you sign an agreement to work for a lesser wage, or to “waive” your overtime wages, California law still entitles you to the full wages you’ve earned.

What do I do if I haven’t been paid proper overtime wages?

If your employer has denied you the overtime wages you’re due, you can file a wage claim with the Labor Commissioner’s Office. You could also choose to file a lawsuit against your employer. Many class action lawsuits have been filed by workers and settled for millions of dollars, like Kraft Heinz and Revel Systems.

Can I file a wage lawsuit?

If you have been affected by employment rights violations, such as unpaid overtime, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit can help you recover the compensation you’re due, as well as hold those responsible accountable for their actions.

Filing a lawsuit can be daunting, especially if you’re worried about push back from your employer, but there are anti-retaliation laws in place to protect you. Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a Free California Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years in California, you have rights – and you don’t have to take on the company alone.

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