Working 50+ hours a week, employer refuses overtime pay - says I'm "salaried exempt" but I don't think that's right

I work as an "Operations Coordinator" at a logistics company in Orange County. My employer has me classified as salaried exempt, so they don't pay overtime. I regularly work 50-60 hours per week.

My salary is $52,000/year. My actual job is mostly data entry, scheduling shipments, and answering phones. I don't supervise anyone and don't make any real decisions - everything has to be approved by my manager.

Is this legal? I've been here 2 years and probably have hundreds of hours of unpaid overtime. I'm afraid to bring it up because I need this job, but it doesn't seem right.

Employment attorney here. Based on what you're describing, you are very likely misclassified. California has strict requirements for exempt status, and your situation has several red flags:

1. Salary threshold: California requires exempt employees to earn at least 2x minimum wage for full-time employment. For 2025, that's approximately $66,560/year. You're well under that.
2. Duties test: Even if salary were met, your actual duties (data entry, scheduling, answering phones) are not exempt duties. To be exempt under the administrative exemption, you'd need to perform work directly related to management policies or general business operations AND exercise discretion and independent judgment.
3. No supervision: You don't supervise anyone, so you don't qualify for the executive exemption.

The job title doesn't matter - it's the actual duties that count. "Coordinator" is often used to make non-exempt jobs sound exempt.

HR person here (though I'm not defending this employer's practices). The salary threshold alone disqualifies you from exempt status in California. Your employer either doesn't know California law or is hoping you won't find out.

This is unfortunately very common in logistics, retail management, and hospitality. Companies save a fortune by misclassifying employees and not paying overtime.

This is textbook misclassification. Here's what you should do:

1. Start documenting your hours NOW if you haven't been. Use a personal app or notebook - don't rely on company systems.
2. Save copies of your job description, offer letter, and any emails showing your duties or hours worked.
3. Consider filing a wage claim with the California Labor Commissioner (Division of Labor Standards Enforcement - DLSE).

Under California law, you could be owed:

• All unpaid overtime (1.5x for hours over 8/day or 40/week, 2x for hours over 12/day)
• Waiting time penalties (up to 30 days' wages)
• Interest
• Liquidated damages (potentially doubling the unpaid wages)

The statute of limitations is 3 years for wage claims, 4 years under California's Unfair Competition Law.

This is eye-opening. I always assumed "salaried" meant no overtime. I had no idea about the salary threshold or duties tests.

Quick question: If I file a wage claim, will my employer find out? I'm worried about retaliation. Also, can they fire me for filing?

Yes, your employer will eventually find out if you file a wage claim - the DLSE will contact them. However:

Retaliation is illegal. Under California Labor Code Section 98.6, it's unlawful for an employer to retaliate against an employee for filing a wage claim. If they fire you, demote you, cut your hours, or take any adverse action, you'd have a separate retaliation claim worth potentially more than the original wage claim.

That said, I understand the practical reality. Many employees in your situation wait until they have another job lined up, or are laid off, before filing. You have up to 3-4 years to file, so you have time.

If you do consult with an employment attorney, most offer free consultations for wage cases and work on contingency (no upfront cost).

I was in almost the exact same situation at a distribution center. "Shipping Supervisor" but I didn't actually supervise anyone - just processed orders and dealt with carriers. Worked 55+ hours most weeks for 3 years with no OT.

Filed a wage claim after I left. DLSE investigation took about 8 months. I got $47,000 in back wages plus penalties. The company tried to argue I was exempt but couldn't prove it.

Document everything. The more records you have of your actual hours and duties, the stronger your case.

Be careful about discussing this with coworkers. I made that mistake and word got back to management. They didn't fire me outright but made my life miserable until I quit.

In hindsight, I should have filed a retaliation claim too, but I was just so done with that place.

Labor organizer here. This isn't just your problem - there's a good chance other "coordinators" at your company are also misclassified. The DLSE can investigate the whole company, not just your individual claim.

Also worth knowing: California's Private Attorneys General Act (PAGA) allows employees to sue on behalf of themselves AND other employees for Labor Code violations. PAGA claims can result in significant penalties that the company pays to ALL affected employees.

An employment attorney would be able to tell you if a PAGA claim makes sense for your situation.

I talked to my coworker (another "coordinator") privately and she's in the same boat - makes $54k, works 50+ hours, same duties as me. She's been there 4 years!

We're both going to start documenting. I'm also going to schedule a consultation with an employment attorney. Thanks for the PAGA info - I had never heard of that before.

Employment attorney jumping in. A few additional points:

California Daily Overtime: Don't forget that California requires overtime for hours over 8 in a single day, not just hours over 40 in a week. So if you work a 10-hour day, you're owed 2 hours of OT even if your weekly total is under 40.

Meal and Rest Breaks: If you're non-exempt (which you should be), you're also entitled to meal and rest breaks. If your employer hasn't been providing those, that's additional penalties - 1 hour of pay for each day a meal break was missed, and 1 hour for each day a rest break was missed.

These claims add up fast. I've seen cases where the meal/rest break penalties exceeded the overtime owed.

Just want to add: when you consult with attorneys, ask specifically about their experience with logistics industry wage claims. This industry has specific issues (like whether drive time counts as work time) that require specialized knowledge.

Also, many attorneys will take these cases on contingency, meaning they only get paid if you win. Don't let cost concerns stop you from at least getting a consultation.

Similar situation but different ending for me. I raised the overtime issue directly with HR and they immediately reclassified me as non-exempt and started paying OT going forward. But they refused to pay anything for the past 18 months I'd already worked.

I ended up filing a wage claim just for the back pay. Still waiting on resolution but at least I'm getting OT now.

Point is - sometimes just raising the issue fixes it going forward, even if you have to fight for the back pay.

UPDATE: Had my consultation with an employment attorney. She reviewed my situation and said I have a strong case. She's also interested in looking at it as a potential class/PAGA action since there are multiple misclassified coordinators.

For now, I'm continuing to document and she's going to send a demand letter to the company. She said sometimes companies settle quickly once they realize they're exposed, especially if there are multiple employees affected.

Will keep this thread updated. Thanks everyone for the incredibly helpful info!

Good to hear you're getting representation. One important note: now that you have an attorney, don't discuss the case with anyone at work or post specifics online. Your attorney will guide you on what you can and can't discuss.

Good luck!

FINAL UPDATE: Case settled! Can't disclose the exact amount due to confidentiality, but let's just say it was substantial - covered all my back overtime plus penalties, and my attorney's contingency fee still left me with a life-changing amount.

The company also agreed to reclassify all coordinators company-wide and pay them overtime going forward. My coworker who was in the same situation also received a settlement.

For anyone reading this in a similar situation: KNOW YOUR RIGHTS. California labor law is strong but only if you enforce it. The DLSE website has tons of free resources, and most employment attorneys do free consultations.

Congrats! This is a great outcome. Not just for you but for all the other employees who will now be properly classified and paid.

This is why wage theft enforcement matters. When companies get away with it, they keep doing it. When there are consequences, they change their behavior.

Excellent outcome. Pinning this thread as a resource for others in similar situations.

Quick reference for California employees:

• CA DLSE (Labor Commissioner): dir.ca.gov/dlse
• 2025/2026 exempt salary threshold: ~$66,560/year (2x minimum wage)
• Daily OT kicks in at 8 hours, double time at 12
• Statute of limitations: 3 years (4 under UCL)