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California Employment Law Blog

Just Because They Call You a "Manager" Doesn't Mean You Don't Get Overtime

Posted by Bryce Fick | Mar 06, 2025 | 0 Comments

Many California workers classified as "managers" may be wrongfully denied overtime pay. Your job title alone doesn't determine whether you're entitled to overtime—what matters are your actual job duties and salary amount. If you've been classified as an exempt manager but spend most of your time performing the same tasks as those you supervise, you may be misclassified.

What Makes a Manager Truly Exempt from Overtime?

California law sets specific criteria for managers to be exempt from overtime requirements. Simply having "manager" or "supervisor" in your job title is not enough. Typically all of the following conditions must be met for a legitimate executive exemption:

1   Primary Management Duties: More than half of your work time must be spent performing genuine management functions, such as directing the work of other employees, hiring, firing, or having significant input on employment decisions.

2   Supervision of Other Employees: You must regularly direct the work of at least two employees

3   Authority in Employment Decisions: You must have the power to hire or fire employees, or your recommendations about hiring, firing, advancement, or promotion must be given "particular weight."

4   Independent Judgment and Discretion: You must regularly exercise discretion and independent judgment

5   Salary Requirement: You must earn a monthly salary equivalent to at least twice the state minimum wage for full-time employment (40 hours per week).

 

Examples

Restaurant Manager

Tanya is the "night manager" at a popular restaurant chain in 2025. Her title suggests she's a manager, but her reality is quite different:

    She usually works 10 hour shifts but at least 8 of those hours are spent serving customers, preparing food, and cleaning—the same tasks as non-exempt employees.

    She supervises only one other employee during her shift

    She can't make hiring or firing decisions; she can only report issues to the general manager

    She earns a salary of just $800 per week.

 

Despite her "manager" title, Tanya is entitled to overtime pay because she doesn't meet the criteria for an exemption. Her primary duties aren't managerial, she doesn't supervise enough employees, lacks authority over personnel decisions, and her salary falls below the required threshold.

Warehouse Manager

John works as a "warehouse manager" for a distribution company.

    He usually works about 10 hour shifts but at least 8 of those hours every day are spent doing the same physical labor as the warehouse associates—loading trucks, packing orders, and taking inventory.

    While he creates the weekly schedule, he has no authority to hire, fire, or discipline employees. While he is expected to report problematic behavior, discussions and decisions of how to discipline and performance evaluations are performed exclusively by his boss.

    He earns a set salary of $900 per week.

    Upper management makes all significant decisions regarding warehouse operations

 

John should be receiving overtime pay. Despite his title, he primarily performs non-exempt work, lacks meaningful authority over employment decisions, and his salary falls below the required threshold for exemption.

Are you being Denied Overtime that You Are Entitled?

If you're working over 8 hours in a day or 40 hours in a week while classified as an exempt manager but your job doesn't meet the criteria outlined above, you may be entitled to:

    Unpaid overtime wages (time-and-a-half or double-time, depending on hours worked)

    Interest on unpaid wages

    Potential penalties for wage statement violations and waiting time penalties

 

California's wage orders provide important protections for workers across various industries, and the law strongly favors the payment of overtime. If you believe you've been misclassified, consider consulting with an employment attorney who can evaluate your specific situation and help you recover any unpaid wages you may be owed.

 

 

 

About the Author

Bryce Fick, Esq.
Bryce Fick

  Bryce Fick is an Associate Attorney at Castle Law: California Employment Counsel, PC, where he practices employment law. He is admitted to practice in the State of California and the Federal District Courts for the Eastern, Central, and Northern Districts of California. Prior to j...

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