California Attorneys for Executive Misclassification Disputes

What Are the Requirements for Executive Employee Exemptions?


An executive misclassification violation is just one of many types of unjust or prejudicial treatments employees face on the job and that we fight in court. For more about our Employment Law legal services, please see our “California Employment Law Attorney” page. Or for other types of employee work-related issues we fight for our clients, see the links to the right.

Executive exemption applies to employees who truly perform the functions of managers – meaning those employees who supervise several employees, direct a department or division within the company, influence hiring and firing decisions, and exercise discretion and independent judgment.  The employee must meet ALL of the following requirements to fit within the exemption:

  • Earnings Test
    The employee earns at least double the minimum California wage (at least $37,440 per year);
  • Executive Duty Test
    The employee must spend at least 50% of their time engaged in management duties that are defined as:
    • Supervises two or more employees (employees being managed must add up to at least two full time employees, but the fewer employees that the employee at issue manages the less likely that the last part of the test “primary duty” is satisfied); and
    • Primary duty is the management of the business or a department/subdivision of the company (meaning that the employee is in charge of a discrete unit with permanent status and function rather than managing a collection of employees or assisting in the management of a unit); and
    • Has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and
    • Customarily and regularly exercises discretion and independent judgment (meaning that the employee compares and evaluates possible courses of conduct and makes a decision after the various possibilities have been considered free from immediate direction or supervision with respect to matters of significance).

If You’ve Been Misclassified, We Can Help

The law firm of Venardi Zurada LLP provides free initial consultations for misclassification employment issues throughout the California. We are experienced employment lawyers  who fight hard for our clients.  If we are able to take your case, we pay all litigation costs.  We only get paid our costs and attorneys’ fees if you get compensation.

GET A FREE CASE REVIEW

If you are an employee who feels their rights have been violated, or you need help negotiating or reviewing your employee contract, please call to speak to one of our expert employment law attorneys at (935) 937-3900 or submit the form to the right.

When litigation or mediation is involved, and we are able to take your case, there is never any fee or expense to you of any kind until you get paid! That means we pay all litigation costs which you will not be required to pay back, and we only get paid if you get paid.

We have four offices to serve you in Oakland, Orinda, Redding and Chico, and serve clients throughout the entire California including the entire Silicon Valley and throughout California.


 

GET A FREE CASE REVIEW

If you are an employee who feels their rights have been violated, or you need help negotiating or reviewing your employee contract, please call to speak to one of our expert employment law attorneys at (935) 937-3900 or submit the form to the right.

When litigation or mediation is involved, and we are able to take your case, there is never any fee or expense to you of any kind until you get paid! That means we pay all litigation costs which you will not be required to pay back, and we only get paid if you get paid.

We have four offices to serve you in Oakland, Orinda, Redding and Chico, and serve clients throughout the entire California including the entire Silicon Valley and throughout California.

GET FREE CONSULT

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CALIFORNIA ATTORNEYS

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Oakland, CA 94612
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25 Orinda Way, Suite 250
Orinda, CA 94563
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FX: (925) 937-3905

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Redding, CA 96001
PH: (530) 830-FIRE

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Chico, CA 95928
PH: (530) 830-3473

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-Ray Bellefeuille,
President, Phoenix Logistics Inc.