This is a preview. To continue reading, register for free access now. Register Now or Log in

Employee Classification: California

Employee Classification requirements for other states

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

Author: Anthony J. Oncidi, Proskauer Rose LLP

Updating Author: XpertHR Editorial Team


  • 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.
  • In addition to the full overtime exemptions, there are many exceptions to the general overtime rule under which the threshold for overtime payments is lower than for fully nonexempt employees. See Exceptions to the General Overtime Rules.
  • Most employees exempt from California's overtime requirements also are exempt from meal and rest break, recordkeeping and reporting time pay requirements. See Meal and Rest Break, Recordkeeping and Reporting Time Pay Exemptions.