Do Salaried Employees Get Overtime in California?

Legal Guides · Updated October 2026

Do salaried employees get overtime in California? Often, yes. Being paid a salary does not by itself make you exempt from overtime. California requires both a minimum salary and specific job duties, and many salaried workers are misclassified.

On this page: Salary vs. exempt · Salary test · Duties test · Misclassified jobs · Overtime rules · What you can recover · FAQ

Being Paid a Salary Does Not Make You Exempt

Many employers pay a salary and assume that means no overtime. That is not the law. In California, an employee is “exempt” from overtime only if the job meets both a salary test and a duties test. Job titles do not matter. An “assistant manager” or “coordinator” who spends most of the day doing the same work as hourly staff is often entitled to overtime.

The Salary Test

To be exempt under California’s executive, administrative or professional exemptions, an employee must earn a monthly salary of at least twice the state minimum wage for full-time work. With the state minimum wage at $16.90 per hour in 2026, the minimum exempt salary is $70,304 per year, about $5,859 per month. An employee paid less than that is generally entitled to overtime, whatever their duties. The threshold rises when the state minimum wage rises.

The Duties Test

Even a well-paid employee is exempt only if they are primarily engaged, meaning more than half of their working time, in exempt work, and regularly exercise discretion and independent judgment. California looks at how time is actually spent, not at the job description.

Executive exemption

Managing a department or subdivision, regularly directing at least two full-time employees, and having real authority over hiring, firing or promotions.

Administrative exemption

Office or non-manual work directly related to management policies or general business operations, with real discretion over matters of significance.

Professional exemption

Licensed professionals such as lawyers and doctors, and work requiring advanced knowledge in a field of science or learning, or original creative work.

Other exemptions apply to outside salespeople and certain highly paid computer professionals, each with its own rules.

Commonly Misclassified Jobs

• Retail, restaurant and warehouse “managers” who mainly stock shelves, run registers or work the line
• Inside sales and customer service representatives
• IT help desk and technical support staff
• Administrative assistants and office coordinators
• Employees who follow detailed procedures rather than making independent decisions

California Overtime Rules

• Time and a half for hours over 8 in a workday or over 40 in a workweek, and for the first 8 hours on the seventh consecutive day of work
• Double time for hours over 12 in a workday, and over 8 on the seventh consecutive day

For a misclassified salaried employee, the regular rate is generally calculated by dividing the weekly salary by 40 hours. Misclassified employees are often also owed meal and rest break premiums and penalties for inaccurate pay stubs.

How Much Can You Recover?

Unpaid overtime claims generally reach back three years, and up to four years when paired with an unfair competition claim. Employees can also seek interest, penalties, and attorney fees. If you have left the job, unpaid overtime that was not included in your final pay can also trigger waiting time penalties. When many employees share the same classification, claims are often brought together through a class action or PAGA claim.

See also unpaid wages and overtime and employee misclassification. Retaliation for raising a pay complaint is illegal; see retaliation.

Frequently Asked Questions

Do salaried employees get overtime in California?

Many do. A salaried employee is only exempt from overtime if they earn at least twice the state minimum wage for full-time work ($70,304 per year in 2026) and spend more than half their time performing exempt duties with real discretion.

What is the minimum salary to be exempt in California in 2026?

$70,304 per year for the executive, administrative and professional exemptions, which is twice the $16.90 state minimum wage for full-time work.

Does my job title make me exempt?

No. California looks at your actual duties and how you spend your time, not your title.

How far back can I claim unpaid overtime?

Generally three years, and up to four years when the claim is combined with an unfair competition claim.

This guide provides general information about California law as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation depends on its facts, so speak with a lawyer about yours.