Employees can be on salary, but still be considered non-exempt. A salaried employee should be paid no less than a 40-hour work week at the California minimum wage. Non-exempt employees who work over the maximum number of hours should be paid overtime even when receiving salary. Any employee that does not fulfill all three requirements to be considered “exempt” is a “non-exempt” employee and therefore all California minimum wage laws apply.
It’s important to understand that the title of an employee does not automatically qualify them as an exempt employee. Rather, it is their specific tasks and duties of their role that justifies if they are an exempt employee or not. Below is a table that details the tasks/duties of the following exempt positions according to the Fair Labor Standards Act.