Salaried But Working 60+ Hours — Am I Misclassified as Exempt?

I work as an "Assistant Manager" at a retail chain in California making $55K salary. I regularly work 55-60 hours per week. No overtime pay because they say I'm exempt/salaried.

But most of my work is stocking shelves, running the register, and cleaning. I barely manage anyone — there are 2 part-time employees who technically report to me but I don't hire, fire, or evaluate them. My manager makes all those decisions.

Am I actually exempt from overtime?

Almost certainly not. In California, to be exempt under the executive exemption, you must:

1. Earn at least 2x minimum wage ($66,560/year in 2024 for 26+ employees)
2. Spend more than 50% of your time on managerial duties
3. Regularly direct the work of 2+ employees
4. Have authority to hire/fire or meaningfully recommend it

You fail on multiple counts: you're under the salary threshold ($55K < $66,560), you spend most of your time on non-exempt duties (stocking, register, cleaning), and you don't have real hiring/firing authority. This is textbook misclassification.

This is incredibly common in retail. Companies give people a "manager" title to avoid paying OT. It's one of the most litigated wage issues in California.

How far back can I claim? I've been in this role for 3 years.

In California, wage claims go back 3 years under the Labor Code (4 years under UCL Business & Professions Code 17200). So you can potentially recover 3 years of unpaid overtime.

Quick math: if you averaged 15 hours of OT per week at $55K salary (roughly $26.44/hr regular, $39.66/hr OT rate), that's ~$594/week in unpaid OT. Over 3 years: ~$92,000. Plus waiting time penalties, interest, and attorney fees.

I was in the exact same position at a different chain. Filed a wage claim with the DLSE. After mediation they settled for $68K covering 2.5 years of unpaid overtime plus penalties. The whole process took about 8 months.

The 50% rule in California is key. If you spend more than half your time doing the same work as non-exempt employees, you're not exempt regardless of your title. Keep a time log for 2-3 weeks documenting what you actually do hour by hour. That's your evidence.

Same thing at my job but I'm making $62K. Still under the CA threshold. My attorney says there might be a class action since our company has hundreds of "assistant managers" doing the same non-exempt work statewide. Anyone else at [redacted] chain experiencing this?

Class actions (or PAGA representative actions in CA) are very common for this type of misclassification. If the company has a uniform policy of classifying assistant managers as exempt without proper analysis, every assistant manager in the state has the same claim. PAGA penalties alone can be substantial.

Update: Filed a complaint with the California Labor Commissioner. Also consulted with an employment attorney who is evaluating whether to pursue a PAGA claim. Started keeping a daily time log. Thanks for the push — $92K in potential unpaid OT is not something to leave on the table.