EXEMPT EMPLOYEE MISCLASSIFICATION
That “manager” title doesn’t make you exempt. Your employer owes you overtime.
Labor Code § 515 and Wage Order requirements for exempt status aren’t met by job titles or general management responsibilities. California requires the executive exemption to involve management of the enterprise or a customarily recognized department, supervision of two or more employees, and authority to hire, fire, or make recommendations given particular weight.
Most employees classified as exempt managers don’t meet these requirements. Supervising a shift without hiring or discipline authority isn’t exempt. Managing projects without personnel authority isn’t exempt. A “manager” title while performing the same duties as hourly employees isn’t exempt.
Misclassification creates DLSE exposure for unpaid overtime under Labor Code § 510, meal and rest break premium penalties under Labor Code § 226.7, and wage statement violations under Labor Code § 226. The misclassification period extends back three years for DLSE claims. Employers cannot fix misclassification retroactively by changing titles or adding duties after the fact.
If you’re classified as exempt but lack genuine management authority over personnel decisions, consult with an employment attorney about recovering unpaid overtime and penalties.
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Please note that this article is for informational purposes only and should not be considered and is not legal advice, and does not constitute an attorney-client relationship. It is recommended to consult with an employment attorney directly for specific guidance pertaining to your business or individual situation.
This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts — no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication. This post may be attorney advertising.
Michael Trust Law, APC, 703 Pier Avenue, Ste. B367, Hermosa Beach, CA 90254: michaeltrustlaw.com.