The distinction between a non-exempt vs. exempt employee is critical in the labor market of California. Learn all you need to know here.

1. CA Non-Exempt
vs Exempt
Employee:
What Makes
Them Different
Labor Law Advocates

2. Understanding the distinction between non-exempt
and exempt employees is crucial for both employers
and employees alike, particularly in the complex
landscape of California labor laws. While the terms may
seem straightforward, their implications are significant
and can greatly affect wage calculations, overtime
eligibility, and overall workplace rights. In this article,
we delve into the key differences between a non-
exempt vs exempt employee and their implications
under California labor law.

3. California Laws Regarding Exempt vs
Non-Exempt Employees
1. California Labor Code:
Section 515: This section outlines the exemptions from California overtime law and minimum
wage requirements. It defines various categories of employees based on their job duties and
salary levels. Exempt categories include executive, administrative employees, professional
employees, outside sales employees, and certain computer software employees.

4. California Laws Regarding Exempt vs
Non-Exempt Employees
Section 510: This section establishes California's overtime pay requirements, including the
hourly basis on which non-exempt employees must be compensated for hours worked beyond
the standard workweek or workday.
Section 512: Specifies the requirements for providing meal periods to non-exempt employees,
including the timing and duration of meal breaks.
Section 226: Requires employers to provide itemized wage statements to employees, detailing
hours worked, wages earned, deductions, and other relevant information.

5. California Laws Regarding Exempt vs
Non-Exempt Employees
2. California Code of Regulations:
Title 8, Section 11040 (Wage Orders): California's Industrial Welfare Commission (IWC)
issues wage orders that provide specific regulations governing wages, hours, and working
conditions for various industries. Wage Order 4 covers professional, technical, clerical,
mechanical, and similar occupations. Wage Order 7 pertains to the mercantile industry.
These orders specify overtime pay rates, meal and rest break requirements, and other
provisions applicable to non-exempt and part-time employees.

6. Implications Under
California Labor Law
In California, labor laws provide additional
protections and rights for employees
beyond the federal standards outlined in
the FLSA. California's minimum wage is
higher than the federal minimum wage,
and the state has stringent overtime rules
and requirements. Non-exempt
employees in California are entitled to
overtime hours pay worked beyond 8 in a
workday or 40-hour workweek, as well as
double time pay for hours worked beyond
12 in a workday.

7. Implications Under California Labor Law
In short, the distinction between a non-exempt vs exempt employee is critical for
employees to understand their rights in the workplace. Having a labor law lawyer in
Visalia is critical to achieving this, guaranteeing you are protected in case of problems
with your employer.
By understanding the rights and responsibilities associated with each classification, as
well as their primary duties, job titles, overtime provisions, and business operations,
employers and employees can navigate the complexities of California overtime law
effectively and foster fair and equitable workplaces under exercise of discretion.