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 2024, 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. This is per Labor Code Section 510.

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.

Following this thread closely. Question - does this apply to employees who ARE paid over the salary threshold but still dont have exempt duties? I make $72k but basically do customer service all day with no real decision making authority.

Yes, absolutely. California requires BOTH the salary test AND the duties test. Meeting the salary threshold alone is not enough. If your primary duties are customer service without meaningful discretion and independent judgment on significant matters, you may still be non-exempt under LC 510 and entitled to overtime.

The key question is whether you're exercising "discretion and independent judgment with respect to matters of significance." If everything you do is scripted or requires manager approval, that's a strong indicator of non-exempt work.

Just found this thread. I work in the Inland Empire and have the same issue - "Account Manager" but really I'm just processing orders and tracking shipments. $51k salary, working 48-52 hours weekly.

Do I need to wait until I leave the company to file a claim? I cant afford to lose this job right now but I also dont want to miss the statute of limitations.

The statute of limitations under LC 1194 is 3 years, so you have time. Many people wait until they've secured other employment before filing. In the meantime, document EVERYTHING - hours worked, duties performed, emails showing your lack of decision-making authority.

If you want to be proactive, you could consult with an attorney confidentially to understand your options. The consultation itself doesn't trigger any notification to your employer.

SUCCESS STORY: I want to share my experience because threads like this helped me.

Similar situation - "Office Manager" at a small medical practice, $48k, worked 50+ hours. Filed with DLSE in January 2024, had my Berman hearing in June, and the DLSE awarded me $12,400 in back overtime plus $3,100 in waiting time penalties and interest.

The employer tried to argue I was exempt because I "managed the office" but I didn't supervise anyone and the doctors made all real decisions. DLSE saw through it.

The process was slow but worth it. Totally free and I didn't need a lawyer.

@JennyM_OC how long did the whole process take from filing to getting paid? I'm considering filing but worried about the timeline.

Here's my timeline:

• Week 1 (Jan 2025): Filed online complaint with DLSE
• Week 3: Got acknowledgment letter, assigned deputy
• Month 2: DLSE contacted employer, they denied everything
• Month 3: Settlement conference - employer offered $4k, I rejected
• Month 5: Berman hearing scheduled
• Month 6: Hearing held - lasted about 2 hours
• Month 6.5: Decision issued in my favor!
• Month 8: Employer paid (they didn't appeal)

So about 8 months total. Could be faster if employer settles early or slower if they appeal.

Great timeline breakdown. I'll add that if you go the private attorney route instead of DLSE, timelines can vary widely. Some cases settle in 2-3 months, others go to litigation and take 1-2 years.

The advantage of an attorney is they can pursue additional claims (like LC 1194.2 liquidated damages which can double your recovery) and PAGA penalties. The tradeoff is they take a percentage (usually 33-40%).

For smaller individual claims ($10-20k), DLSE often makes more sense. For larger claims or where multiple employees are affected, an attorney may get you more even after their fee.

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!

Sorry if this is a dumb qeustion, but does this only apply to California employees? I'm in Nevada working for a CA-based company and dealing with similar issues.

Not a dumb question! Generally, the law that applies is where you physically work, not where the company is headquartered. If you work in Nevada, Nevada labor laws apply (plus federal FLSA).

Nevada has different rules - they do have daily overtime (8 hours) but the salary threshold and exemption tests are different from California. You'd want to research Nevada-specific requirements or consult with a Nevada employment attorney.

Can we talk about what kind of documentation is most helpful? I've been keeping notes in my phone but wondering if I should be doing more.

Good documentation makes or breaks these cases. Here's what to keep:

1. Daily time records: Clock in/out times, when you actually started/stopped working. Apps like Hours Keeper or even a simple spreadsheet work.
2. Emails with timestamps: That email you sent at 9pm or 6am? Screenshot it. Shows you were working outside normal hours.
3. Text messages from boss: "Can you handle this tonight?" - save those.
4. Job duties list: Write down what you actually do day-to-day. Be specific.
5. Pay stubs: Shows your salary and lack of OT payments.
6. Job description/offer letter: Compare what they said vs. what you actually do.

Keep everything in a personal account (not company email) and back it up. Some people have found success using apps that automatically log their location at work.

I filed a DLSE claim 3 months ago and just had my settlement conference. Employer offered basically nothing - $2k for what I calculated as $18k owed. Deputy said we're going to a Berman hearing.

Question for those who've been through it: what should I expect at the hearing? Do I need to bring witnesses or just documents?

For my Berman hearing I brought:

• All my time documentation (organized by month)
• Copies of emails showing after-hours work
• My job description vs. actual duties comparison
• Pay stubs
• A spreadsheet calculating my OT owed

I didn't bring witnesses but I could have. The hearing officer asked questions, I presented my evidence, employer presented theirs. It's less formal than court but still nerve-wracking.

Pro tip: make 3 copies of everything (one for you, one for employer, one for hearing officer).

Adding to Jenny's excellent advice - at the Berman hearing, be prepared to testify about:

1. Your job duties in detail (what percentage of time spent on each task)
2. Your decision-making authority (or lack thereof)
3. Who you reported to and how closely supervised you were
4. How you tracked your hours
5. Any conversations with employer about classification or overtime

The employer will likely argue you had more autonomy than you did. Be ready with specific examples that counter that narrative.

Also - the burden is on the EMPLOYER to prove you were properly classified as exempt. If they can't prove it, you win.

HORROR STORY that eventually worked out:

Worked for a small manufacturing company for 5 years. "Production Manager" making $45k, working 55-60 hours. When I finally raised the issue, owner flew off the handle and fired me on the spot. Said I was "disloyal" for questioning him.

Filed with DLSE for unpaid overtime AND retaliation. Took 14 months but won both claims. Got $67,000 in back overtime/penalties PLUS $35,000 for wrongful termination retaliation.

Getting fired was terrifying at the time but ended up being the best thing. The retaliation claim was worth more than the original OT claim!

$102k total?! That's insane (in a good way). Goes to show retaliation is a serious claim. Employers who react badly to wage complaints often dig themselves into a deeper hole.

Did you have an attorney or go through DLSE solo?

Started with DLSE but once the retaliation happened I got an attorney involved. She took it on contingency. Worth it because retaliation claims are more complex than straight wage claims.

The attorney also helped me understand I could get waiting time penalties under LC 203 since they didn't pay my final wages on time after firing me. That added another chunk.

Quick question - I'm an executive assistant making $60k. I schedule meetings, book travel, manage calendars, handle expenses. I work 45-50 hours typically. My boss says EAs are always exempt but that doesn't sound right?

Your boss is wrong. There's no blanket exemption for executive assistants. The same tests apply - salary threshold AND duties test.

At $60k you're already below the CA threshold (~$66,560 for 2025). But even if you were above it, the duties you describe (scheduling, booking travel, managing calendars, expenses) are generally considered non-exempt administrative support work, not exempt administrative duties.

The "administrative exemption" requires work "directly related to management policies or general business operations" with "discretion and independent judgment." Support work doesn't qualify.

You likely have a claim.

Reading this whole thread and taking notes. I work for a national retail chain as an "Assistant Store Manager." $53k salary, 47-52 hours per week. I open/close the store, run the register, stock shelves, help customers. The only "management" I do is occasionally telling part-timers where to work that day.

I don't hire, fire, discipline, or evaluate anyone. All that is done by the Store Manager and corporate.

This sounds like misclassification right?

Classic retail misclassification pattern. The "assistant manager" title is one of the most abused in retail.

For the executive exemption you'd need to: (1) customarily and regularly direct the work of at least 2 employees, (2) have authority to hire/fire or have your recommendations given particular weight, (3) spend more than 50% of your time on exempt duties.

Running registers and stocking shelves is non-exempt work. If that's most of what you do, the exemption doesn't apply regardless of your title.

There have been multiple class actions against major retailers for exactly this. Worth consulting an attorney.

Side question - does anyone know if sending a demand letter before filing with DLSE is a good idea? I've heard mixed things. Some say it gives the employer a chance to settle quietly, others say it tips them off and they start hiding evidence.

Depends on the situation. A demand letter can lead to quick settlement without the hassle of DLSE or litigation. Many employers, especially larger ones, prefer to settle quietly rather than deal with government investigations or lawsuits.

The "hiding evidence" concern is somewhat mitigated because (1) destroying evidence after receiving a demand is spoliation and has serious legal consequences, and (2) you should already have your own documentation before sending any demand.

If you're working with an attorney, they'll draft a proper demand letter for unpaid wages that puts the employer on notice while protecting your interests. If you're doing it yourself, the DLSE route might be safer.

UPDATE from my earlier posts - had my Berman hearing last week! The employer's attorney tried to argue I had "significant autonomy" but I had documented every single time my manager overruled my decisions or required approval.

Hearing officer asked really good questions and seemed skeptical of employer's arguments. Now we wait for the decision - they said 15-30 days typically.

Thanks to everyone on this thread for the prep advice, especially @JennyM_OC!

Another UPDATE: The demand letter was sent three weeks ago. Company's attorneys responded asking for more time to "investigate." My attorney says this is often a stalling tactic but also sometimes means they're taking it seriously and calculating exposure.

Meanwhile, I found out there are actually 8 "coordinators" across different locations who are all classified the same way. If this becomes a class action, it could be significant.

Still employed there, still documenting, still getting zero overtime. Hoping for resolution soon.

8 employees across multiple locations is exactly the type of situation where PAGA becomes powerful. The penalties under PAGA are $100 per employee per pay period for initial violations, $200 for subsequent violations. With 8 employees over multiple years, that adds up FAST.

Companies often settle PAGA claims quickly because the potential exposure is so high. Sounds like your attorney is on the right track.

Just want to say thank you to everyone in this thread. I've been lurking for months and finally worked up the courage to file my own DLSE claim last week.

"Marketing Coordinator" - $49k - 50+ hours weekly - literally zero management duties. My entire job is creating social media posts and responding to customer reviews. They called me exempt because I use "professional skills" lol.

3.5 years of unpaid overtime. Wish me luck!

Good luck! "Professional skills" is not an exemption lol. That's not even a real legal category. They might be trying to claim the "learned professional" exemption but that requires advanced specialized knowledge typically from prolonged education (think doctors, lawyers, engineers). Social media management doesn't qualify.

Keep us posted on your progress!

I WON!!! Just got the decision from my Berman hearing.

DLSE awarded me:

• $16,847 in unpaid overtime
• $5,200 in meal/rest break penalties
• $2,100 in interest
• $4,800 in waiting time penalties

Total: $28,947!

Employer has 10 days to appeal but my attorney (yes I got one after filing) says given the clear decision they probably won't.

This thread literally changed my life. Thank you all so much!

CONGRATULATIONS!!! So happy for you! Almost $29k is amazing. And you got meal/rest break penalties too - that's a nice addition.

Did they award the full amount you calculated or was it less?

I originally calculated about $18k in overtime but the hearing officer found some additional hours I hadn't caught, plus added the meal break penalties which I honestly hadn't thought to include. So ended up with more than I expected!

The documentation advice from this thread was key. The hearing officer specifically mentioned that my detailed daily time records made the decision straightforward.

Question about the statute of limitations - if the violations are ongoing (still happening), does the 3 year clock keep extending? Like if I've been misclassified for 5 years but file now, can I only recover 3 years worth?

Correct. Under LC 1194, you can recover unpaid wages going back 3 years from when you file. So if you file today, you can claim wages owed from Nov 2022 to present. Any violations older than 3 years are generally time-barred.

However, if you file under California's Unfair Competition Law (Bus. & Prof. Code 17200), the lookback period extends to 4 years. An attorney can advise whether UCL applies to your situation.

The SOL is why we always advise people not to wait too long. Every day you delay is a day of potential recovery you lose.

UPDATE from my July post - finally left that job and filed with DLSE last week. New job pays better AND is properly classified as non-exempt with overtime. What a difference it makes to actually get paid for the hours you work!

The DLSE website was pretty straightforward. Took about 45 minutes to fill out the online form. Now we wait...

BIG UPDATE: Case settled!

After two months of back and forth, the company agreed to settle. I can't disclose the exact amount due to confidentiality, but let's just say it was substantial - well into five figures. My attorney's contingency fee still left me with a life-changing amount.

But here's the best part: 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 as part of the group resolution.

From first post to settlement: about 5 months. Could have been longer if it went to litigation but they wanted to avoid the PAGA exposure.

Congrats OP! 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
• Current exempt salary threshold: ~$66,560-$68,640/year (2x minimum wage)
• Daily OT kicks in at 8 hours (LC 510), double time at 12
• Statute of limitations: 3 years under LC 1194 (4 under UCL)
• LC 1194.2 provides for liquidated damages equal to unpaid wages

If you're unsure about your classification, consider a free consultation with an employment attorney or review the unpaid wages guide for more information.

This thread literally changed my life. I was in the EXACT same situation - "coordinator" title, $58K salary, 50+ hours per week, no overtime. I thought it was just how things worked.

Filed a wage claim in September after finding this thread. Just got word last week that my former employer settled - almost $24k after attorney fees. And they had to reclassify 12 other employees too.

To anyone reading this: KNOW YOUR RIGHTS. These companies count on employees not understanding labor law.

HR consultant here. Just want to add - the 2024 exempt salary threshold went up again. It's now approximately $68,640/year in California (2x minimum wage of $16.50/hour). If you're making less than that and classified as exempt, that's a red flag.

Companies need to review exempt classifications EVERY year when minimum wage increases. Many don't, which is why misclassification is so rampant.

UPDATE from my October post - got my settlement conference date for March. Employer's counsel reached out before the conference to "discuss resolution." My attorney thinks they want to settle without going to a hearing.

Fingers crossed! Will update after the conference.

Different angle but related - anyone have experience with delivery driver misclassification? My company calls me an independent contractor but I have a set schedule, use their truck, wear their uniform, and they control everything about how I do my job.

If I'm actually an employee, would the same overtime rules apply?

That's a different but equally serious issue - independent contractor misclassification. California uses the "ABC test" under AB5 to determine worker status. If you're misclassified as an IC when you should be an employee, you'd be entitled to all employee protections including overtime.

Based on what you describe (set schedule, company truck, uniform, controlled work), you sound like an employee. This is a huge area of litigation in California right now.

I'd recommend consulting with an attorney who handles both IC misclassification and wage/hour claims. The independent contractor misclassification issue often goes hand-in-hand with overtime violations.

UPDATE from my September post about being an "Assistant Store Manager" - I left that job in November and filed with DLSE in December. Just got my acknowledgment letter and deputy assignment.

Also found out the company has had multiple similar claims filed against them in different locations. Sounds like a systemic issue. My attorney is looking into whether a class action already exists that I could join.

Question for the group - my startup employer says California labor laws dont apply because we're a "tech company" and all tech workers are exempt. That cant be right can it?

I'm a junior developer making $65k doing basic coding tasks assigned by senior devs. No independence, no major decisions.

Your employer is completely wrong. There's no blanket "tech company" exemption from California labor law. The same rules apply.

For software developers specifically, there IS a computer professional exemption but it requires: (1) primary duties involve intellectual/creative work requiring discretion and independent judgment, (2) highly skilled in theoretical and practical application of specialized info, AND (3) minimum hourly rate of $55.58 for 2026 (or annual salary equivalent ~$115,600).

At $65k doing assigned tasks without independence, you almost certainly don't qualify. This is another common misclassification - startups calling everyone "exempt" regardless of duties or pay.

Question for the group - does this apply to retail "assistant managers" too? I make $55K, work 45-50 hours, and my main job is running a cash register and stocking shelves. I occasionally cover when the actual manager is out but I don't hire/fire anyone or make real decisions.

Been reading this thread and wondering if I might be misclassified too...

Based on what you describe - yes, likely misclassified. Running registers and stocking shelves are non-exempt duties. The "assistant manager" title doesn't make you exempt if that's not what you actually do most of the time.

And $55k is below the California salary threshold anyway, so you fail the first test before even looking at duties.

Retail is one of the worst industries for this. Many major chains have faced class actions for exactly this pattern.

Just want to check back in - it's been almost a year since my case resolved. That $102k settlement genuinely changed my life. Paid off debts, put down payment on a condo, and now I work at a company that actually follows labor law.

To anyone on the fence about filing - DO IT. Yes it's scary, yes it takes time, but holding employers accountable matters. And the money doesn't hurt either.

Checking back in 7+ months after starting this thread. Still at the same company (yes, they kept me on after the settlement - retaliation would have been career suicide for them at that point).

Now properly classified as non-exempt, getting overtime, taking my breaks. My paycheck is actually bigger even though my base salary is technically the same. Funny how that works when you get paid for all your hours.

For anyone just finding this thread: the whole process from my first post to settlement was about 5 months. The key things that helped:

1. Documentation - I had 4 months of detailed time records before the demand letter
2. Multiple affected employees - the PAGA exposure made them settle fast
3. Good attorney - worth the contingency fee for the expertise
4. This forum - seriously, I wouldn't have known any of this without reading threads like this one

Knowledge is power. Know your rights under LC 510 and LC 1194. Don't let employers steal your time.