In California, your rights as a salaried employee depend on whether you are classified as exempt or non-exempt, not just because you get a salary.
Getting paid a fixed salary does not automatically mean you don’t have the right to overtime or rest breaks. Workplace lawyers Los Angeles
There are two main categories of salaried employees
Exempt Salaried Employees
To be considered "exempt" — meaning you are not entitled to overtime or required breaks — your job must meet a strict three-part test.
Salary Threshold Test: You must earn a fixed salary of at least twice the state minimum wage for full-time work.
Starting January 1, 2026, this minimum is $70,304 per year, or about $5,858.67 per month.
Duties Test: Your daily work should be mainly executive, administrative, or professional, meaning more than 50% of your time is spent on these types of tasks.
Independent Judgment: You must regularly make decisions and use judgment in your job.
Your Rights If Properly Exempt:
Full Week Salary Pay: You must get your full weekly salary if you work any hours during the week, no matter how many hours you work.
No Partial-Day Wage Deductions: Employers can't take away part of your pay if you miss a few hours of work on a day.
Deduction Limits: Employers can only take pay away for full-day absences if you have no remaining paid time left under a real sick or vacation policy.
Non-Exempt Salaried Employees
If you earn less than $70,304 per year or your daily duties don’t meet the executive or administrative definition, you are considered non-exempt — even if you are paid a salary.
Your Rights If Non-Exempt:
Overtime Pay: You must be paid 1.5 times your regular rate for any hours worked beyond 8 in a day or 40 in a week.
For hours worked beyond 12 in a single day, you must be paid double.
Mandatory Meal Breaks: You must be given a 30-minute unpaid meal break before your fifth hour of work.
Mandatory Rest Breaks: You must get a 10-minute paid rest break for every 4 hours you work.
Missed Break Penalties: If your employer denies a meal or rest break, you must be paid an extra hour of regular pay for each day it happens.
There are two main categories of salaried employees.

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