Exempt vs non-exempt distinctions is a growing problem in California as economic times have taken a turn for the worse and more people are working harder for less pay. As people continue to look for jobs, many employers are opting not to hire people and try to get more hours out of their current employees. This is resulting in many hours of overtime that are not getting paid due to the employees' classification as exempt from overtime. This non-exempt vs exempt problem is especially rampant in California.
There many subtle differences in differentiating between exempt vs non-exempt in the state of California. Most notably, the workers' right to recover compensation is much more favorable than it is under the national standard (the FLSA) or other states for that matter. For example, the FLSA starts to toll overtime once an employee's work ours exceed 40 in a workweek. Under California law, the employee gets to start tolling after 8 hours in a single workday (in addition to over 40 in a workweek).
Another benefit in the battle of exempt versus non-exempt is the concept of double-time pay. While most overtime pay is calculated at 1.5 times your regular pay rate, California labor laws allow for double-time (twice your regular pay rate) under certain conditions. These conditions are when work hours exceed 12 in a single workday and after 8 hours on a seventh consecutive workday. As you can see, California employers are very careful about classifying an exempt vs non-exempt employee.
Very recently, an important California Supreme Court case made an important decision regarding meal breaks for non-exempt employees. In Brinker, it was decided that employers only need to provide their employees with a meal break but need not ensure that it is taken. This was a confusing aspect for many people as employees were pressured to work hard for several hours at a time without a break and it was unclear who was ultimately responsible for making sure a break is taken. When an employee is not provided a meal or rest break, their employer owes them an hour of pay at their regular rate of pay.
Whether you are an exempt or non-exempt employee, it is very important to understand your basic rights as a working citizen. Many employers take advantage of their employees who are too lazy, unknowledgeable, or not mentally strong enough to stand up to their illegal practices. Contact an employment attorney today if you want free clarification on the issue of how to distinguish exempt vs non-exempt employees.
Blumenthal, Nordrehaug, and Bhowmik Law Offices offers free, confidential consultations for workers whose rights may be been violated in the workplace. They are especially experienced in issues revolving around exempt vs non-exempt employees and collecting overtime.
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