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Employee Classification: California

Employee Classification requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Adam W. G. Freed and Anthony J. Oncidi, Proskauer Rose LLP

Updating Author: Michael Cardman, XpertHR Legal Editor


  • California's overtime exemptions are similar to those of the federal Fair Labor Standards Act (FLSA) in some respects. However, there are several important differences that require special attention. See Overview.
  • Employees must be exempt under both California and federal law in order to be exempt from California's overtime requirements.
  • Most employees exempt from California's overtime requirements are also exempt from meal and rest break requirements. See Meal and Rest Break Exemptions.