Exempt Salaried Employee Status in San Jose, CA

Expert Legal Advice For Labor Laws

Have you been treated unfairly as an employee? The Advocacy Center for Employment Law provides legal help in cases that are related to labor laws, including wage claims. Our employment lawyers in San Jose, CA are experienced with labor laws and they can provide legal help to exempt salaried employees. If you are in need of the legal advice of an employment attorney in San Jose, contact our law office today for a free case evaluation.

Exempt vs. Non-Exempt Employees

Under California law, employees are entitled to overtime pay, rest periods, and meal breaks as required by law. Typically, professional or managerial employees may be considered exempt from these regulations. Some of the standard exceptions include:

  • Overtime may not apply to many executive or administrative positions. Some of the standard exemptions include professionals such as corporate executives, mangers performing primarily managerial task, and may also include other administrative professional who who exercise a large degree of judgment and independence in the performance of their duties.
  • Rest periods, of a minimum of ten minutes mid-morning and midafternoon for a typical employee are required. Uninterrupted 30 minute meal period must also be provided for full time hourly staff; however there is exception s of where, a person to written meal period waver common, some employees may be able to be permitted to have a working meal. Where a separate meal period maybe unavailable such as delivery drivers, or trucking employees.
  • Meal periods must be provided unless the employee works less than six hours in a day. The employee shall be relieved of all work duties during the meal period unless the job’s nature requires that employee’s presence, in which case the meal period is counted as hours worked.

In many cases, however, an employer may wrongly classify an employee’s status in order to avoid the states overtime law providing the hourly benefits they should be receiving for the work they are doing. In many exempt employee law cases, exempt employees that are designated have managerial or administrative positions that entail doing much of the same work as salaried employees. For example, a working manager at a convenience store may end up restocking shelves and waiting on customers. If you are doing the same work as a salaried employee, you may be able to argue that you have been misclassified as an exempt employee and that you are entitled to the same hourly benefits as other employees. Employers may not retaliate against you in any way for requesting these benefits. If you believe that you have been misclassified as an exempt employee, our employment attorneys can provide you with professional legal help.

Contact Our Law Office

If you believe that you have been misclassified as an exempt employee and deprived of the wages or breaks you are legally entitled to, our labor attorneys in San Jose, CA at the Advocacy Center for Employment Law can evaluate your claim and help you determine how to proceed. Our employment lawyers have more than 35 years of experience providing legal advice from a labor lawyer regarding labor laws for exempt employees and representing clients in state and federal courts as well as before the California Labor Commission. Our labor attorneys work to ensure that all of our clients are fully informed of their rights, and that they are provided with the qualified legal help & representation they deserve.