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Non-Exempt Employees:

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Some laws under the California Labor Code apply to all employees.  This includes the right to unpaid meal breaks depending on the length of the shift.  Other laws only apply to ‘non-exempt employees’, meaning they apply to you if you’re not excluded under certain exemptions for salaried managers and professionals.  But employers sometimes misclassify their employees as ‘managers’ though the employee is required to handle non-managerial tasks.  In that case, the employee may be entitled to overtime as well as rest period violations.  

 

Because exempt employees must be paid a minimum salary of twice the minimum wage, all employees are at least entitled to minimum wage.

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Click here to see the current California minimum wage rate.

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Click here to see current City and County minimum wage rates that may be higher.

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Independent Contractors:

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Similarly, employers sometimes hire workers as ‘independent contractors’ to avoid paying for employee benefits and compensation, but the law deems them to be employees according to a three-part test. These employees are often owed substantial sums in overtime and meal and rest break violations, as well as other lost benefits.

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