Difference Between Exempt and Non-exempt Employees in California

The primary difference between exempt and non-exempt employees under California state law lies in their eligibility for overtime pay and other protections under the California Labor Code. Understanding these differences is crucial for employers to ensure compliance with labor laws and make informed decisions about employee classifications.

Here are some key distinctions between exempt and non-exempt employees:

Overtime pay:

Exempt employees are not entitled to overtime pay. They are paid a salary for all hours worked, regardless of the number of hours they work per week.

Non-exempt employees are entitled to overtime pay. They must be paid at least 1.5 times their regular hourly rate for hours worked beyond 8 hours in a day or 40 hours in a week. Double their regular hourly rate is owed for any hours worked beyond 12 hours in a day or beyond 8 hours on the seventh consecutive workday in a work week.

Minimum wage and salary requirements:

Exempt employees must be paid a salary equivalent to at least twice the state minimum wage for full-time employment (40 hours per week).

Non-exempt employees must be paid at least the applicable state or local minimum wage for all hours worked.

Meal and rest breaks:

Exempt employees are not entitled to specific meal and rest breaks under California labor laws.
Non-exempt employees are entitled to meal and rest breaks, typically a 30-minute unpaid meal break for shifts over 5 hours and a paid 10-minute rest break for every 4 hours worked.

Job duties and responsibilities:

Exempt employees generally hold executive, administrative, or professional roles with significant autonomy, decision-making authority, and responsibility for managing their own work.
Non-exempt employees typically perform more routine tasks and are subject to closer supervision by their managers.

As an employer, the choice between classifying an employee as exempt or non-exempt depends on the nature of the job, the employee’s job duties, and the salary level.

Exempt employees can offer more flexibility in work hours and potentially lower labor costs, as they are not entitled to overtime pay. 

However, they often have higher salary requirements and must meet specific job duty criteria.

On the other hand, non-exempt employees are entitled to overtime pay, meal and rest breaks, and other protections under California labor laws.

This classification might be more suitable for employees who work in more structured roles with set work hours and specific job tasks.

It is essential to carefully evaluate each employee’s job duties, responsibilities, and salary to ensure accurate classification and compliance with California state labor laws. Misclassifying employees can lead to fines, penalties, and back pay for any unpaid overtime or missed meal and rest breaks.

Additional Information Regarding Exempt and Non-Exempt Employees under California State Law