Exempt Employee California: 2025 Rules, Salary Thresholds & Classification Tests Explained

California’s 2025 exempt employee rules include new salary thresholds for fast food and healthcare workers under state wage laws. Detailed tests determine exemption status based on duties, salary structure, and consistent application of independent judgment.

By Douglas Wade, Attorney

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Table of Contents

1. Introduction

2. California employee FLSA status determination

3. Three Things to Consider When Establishing Exempt Status

4. The 50% time rule in California and the duties test

5. “Discretion and independent judgment” definition

6. Understanding the California Exemptions

7. Administration-Related Exempt Employee in California

8. Executive Exemption

9. Professional Exemption

10. Exemption for an outside salesperson

11. Exemption for an inside salesperson

Introduction

For human resources experts, figuring out the correct exemption classification for California workers is among the most difficult, risky, and complex tasks they encounter. What was never thought to be straightforward will become much more complex in 2025 as intricacies result in the implementation of industrial industry-specific exempt salary limits for numerous healthcare and fast food enterprises for the first time.

Please continue reading our blog for a thorough rundown of California’s amended exempt classifications for 2025.

Unless they fulfill the extremely precise standards for exempt positions, employees usually have to be regarded as non-exempt (hourly). Since it is typically more effective to have more individuals doing the work rather than overseeing and directing it, the majority of employees in a corporation are going to be non-exempt.

Allowing workers to be exempt is a popular desire since it simplifies administration and may help with personnel expense management. However, this is completely inconsistent with California’s highly prescriptive wage and hour regulations, which must be adhered to in all circumstances, not just some.

What the employee or the employer desires is irrelevant. To know the non-exempt or exempt status, one needs to precisely adhere to California’s rules. It’s also critical to keep in mind that an employee’s level of importance within a company should not be equated with their exemption position. While everyone is significant in the company, only a few will actually fit the requirements to be considered exempt.

California employee FLSA status determination

Minimum wage

The minimum wage in California is $16.00 an hour, effective from 1^st January 2024.
The minimum salary for employees of covered fast food outlets is $20 an hour as of 1^st April 2024. This will be applicable to limited-service eating establishments, which are made up of over 60 locations across the country and have a common brand, design, marketing, products, packaging, and services. This covers both fast-casual (like Chipotle) and quick-service (like McDonald’s) operators. Grocery store-owned eateries and bakeries are not included. A yearly growth cap linked to the Consumer Price Index applies to the minimum wage.
Several healthcare workers—defined precisely as employees of an institution that offers health care, patient care, or other activities supporting the delivery of healthcare—will see rises in their minimum wages starting on 1^st June 2024. Workers who provide support to healthcare facilities, such as janitors, groundskeepers, housekeepers, guards, clerical staff, non-managerial administrative staff, food service staff, gift shop staff, ancillary and technical services staff, medical billing and medical coding staff, schedulers, warehouse and call center staff, and laundry staff, are included in this category. Annual hikes will begin in 2024, with rates for hospitals and healthcare facilities ranging from $18 to $23 per hour. With the planned yearly modifications, nearly everyone will be paid $25 per hour within 4 years.

The minimum wage has changed from its previous “simple” form. Understanding each of these variables is essential to comprehending the exempt/non-exempt dynamic in its entirety.

Three Things to Consider When Establishing Exempt Status

In California, an employee cannot be considered exempt from overtime until all three conditions are met:

1. The first factor is the salary threshold.

California has a salary threshold that is twice the state’s minimum wage. This works out to $16.00 an hour X 2080 hours a year X 2 = $66,560 for 2024. This implies that, with the rare instance of the Outside Sales exclusion discussed below, no California employee making less than $66,560 annually can be regarded as an exempt employee in California.

No regional or local minimum wage ordinances have any bearing on the salary threshold, which is set at the state minimum wage.

With their own pay thresholds, the two new industrial sector minimum wages (healthcare and fast food) are not so “straightforward”.

Starting on 1^st April 2024, the exempt income level for fast food employees who are qualified for the twenty dollars per hour minimum wage will rise proportionately to that rate, which means it is going to be $20.00 an hour X 2,080 hours a year X 2 = $83,200.

Healthcare professionals who qualify for the higher minimum pay as of 1^st June 2024, must make at least 150% of the minimum wage for healthcare employees or 200% of the relevant minimum wage, whatever is higher, in order to qualify for the exemption. Thus, a worker at a health care facility making $23 an hour on 1^st June 2023, would make $5,980 (150 percent of the hourly level) or $5,547 (200% of the state’s minimum wage) each month. This would make $5,980 the minimum wage for this employee.

Companies in most sectors should have made it a practice to verify employees’ qualifications under the income threshold by now, given California raises the minimum wage nearly annually. For affected firms, the updated carve-out exempted wage criteria will be slightly more difficult to understand, and certain reclassification choices might be required.

2. Salary Basis is the second factor.

The salary basis outlines how an employee who is exempt should be compensated, as well as what can and cannot be subtracted from their paycheck. Making an incorrect deduction from the exempt employee’s pay in violation of the salary basis may render the exemption void. An employee can’t be regarded as exempt if they are not paid appropriately in accordance with the compensation basis.

Salary deductions are allowed under California law. For instance, the following factors may result in a reduction in a worker’s pay:

Absenteeism for full days due to personal reasons;
Complete days off due to illness or disability, in the event that all paid sick leave was used;
Intermittent absences, such as partial-day absences that are permitted under the federal Family & Medical Leave Act after all other compensated leave options have been used;
To deduct money received as military compensation or as compensation for jury & witness expenses;
In the initial or final week of work, if an employee works fewer than an entire week; and
Any workweek during which a worker does not complete any tasks for their employer.

Naturally, some deductions may also lower salary, including the employee’s share of dental, health, or life coverage premiums; local, federal, or state taxes; social security; or choosing to contribute to a pension plan or 401(k).

No employee’s pay may be withheld for any one of the preceding reasons during any week in which they completed any work:

Partial-day absences due to illness, disability, or personal reasons;
Absence on an official workday due to the facility’s closure on a holiday or for other reasons;
Absences for military leave, jury duty, or witness attendance for any week that an employee has worked; and
Any further deductions that are forbidden by federal or state law.

3. The Duties Test is the third factor.

According to California’s interpretation of the duties test, an employee must conduct exempt-level duties for more than half of the week’s work. Neither the job description nor the job title decide it. What the worker actually accomplishes throughout the workday determines it. While other states focus more on the “principal functions and responsibilities” of the position than rigid time-based criteria, California employs the 50% rule. Regardless of the position’s title or description, employees in California cannot be deemed exempt if they are not doing exempt-level labor over fifty percent of their time.

A particular exemption is used to categorize exempt personnel. These include the following exemptions in California: the Executive exemption, Administrative exemption, Professional exemption (which includes the Computer Professional exemption), the Outside Sales personnel exemption, and the Inside Sales personnel exemption.

The 50% time rule in California and the duties test

The first important, but challenging, thing to realize when assessing an employee’s actual work to determine whether they are exempt or not is that a role’s value to the company does not determine whether it is exempt. Even though every job is significant, not all of them will satisfy the extremely precise standards outlined in the California responsibilities test.

For instance, every job that is immediately and closely connected to exempt job duties and a job that is appropriately seen as a method of performing exempt responsibilities are particularly included in the category of exempt work. The length of time the worker spends on such duties, along with the employer’s reasonable demands and the job’s reasonable requirements, should be taken into account when determining whether the work that the employee actually completes during the workweek meets the conditions for the exemption.

According to the California exemptions, an employee is considered to be “primarily involved in the responsibilities that satisfy the test” if they spend more than half of their working hours on exempt duties. Time is the only criterion, and they must regularly and customarily use their freedom and independent reasoning in carrying out these duties.

“Discretion and independent judgment” definition

California uses the guidelines set by the Fair Labor Standards Act (FLSA) to determine what constitutes “discretion & independent judgment” and what does not. The FLSA states that “just because the company will suffer financial losses if the staff member does not do the work effectively does not mean that the employee exercises discretion & independent judgment with regard to issues of significance.”

How is this defined by the FLSA, then?

Generally speaking, exercising discretion & independent judgment entails weighing and comparing potential courses of action, then acting or reaching a conclusion after taking all of the options into account. There must be more to exercising discretion and autonomous judgment than just using talent to apply established methods, processes, or certain standards outlined in guides or additional sources.

The ability to exercise discretion and autonomous judgment suggests that one is free to decide without immediate guidance or oversight. Even though the choice or recommendation is examined at a higher level, discretion & independent judgment may still be used. Therefore, the phrase “discretion & independent judgment” does not imply that the choices being made must be final or unassailable. It is not a sign that one is not using discretion & independent judgment when one’s decisions are subject to scrutiny and are occasionally changed or overturned following evaluation.

Furthermore, the FLSA states that the expression “discretion & independent judgment” must be utilized in the context of all relevant facts in the specific scenario at hand. When assessing whether an employee uses discretion & independent judgment on important issues, the following factors should be taken into account, but they are not the only ones:

Whether the worker has the power to create, influence, interpret, or carry out operational procedures or management policies;
Whether the worker completes significant tasks in carrying out corporate operations;
Whether a worker’s position has a significant impact on corporate operations, even if the worker’s tasks are connected to running a certain business division;
Whether the worker has the right to involve the employer in decisions that could have a big financial impact;
Whether the worker is able to disregard or depart from set rules and regulations without permission;
Whether the worker is able to bargain and bind the business on important issues;
Whether the worker consults with management or offers professional counsel;
Whether the worker participates in the formulation of short- or long-term corporate goals;
Whether the worker looks into and handles important issues on management’s behalf; and
Whether the worker speaks on behalf of the business when addressing grievances, arbitrating conflicts, or handling complaints.

California employers should additionally consider the 50% rule when evaluating the extent to which a worker uses discretion & independent judgment in accordance with the FLSA criteria. This must be an actual primary obligation and duty rather than a sporadic or haphazard one.

The fact that exemption status can change is a last crucial factor to take into account. An employee’s exemption now does not guarantee their exemption tomorrow, or vice versa. It is not uncommon for a worker to assume the tasks and obligations of their former coworkers during times of high staff turnover. A manager may no longer devote more than half of their working hours to exempt-level responsibilities if they lose their organizational support and take on such responsibilities themselves. On the other hand, if all other conditions are met, a non-exempt worker who assumes the managerial duties of an earlier leader may qualify for exempt status.

Understanding the California Exemptions

Administration-Related Exempt Employee in California

The wage & duties tests must be passed by the employee in order to be eligible for the administrative exemption.

1. Test of Salary Level

An administrative worker must receive a monthly pay that is at least twice the state minimum salary for full-time work to qualify for exemption. The definition of “full-time employment” is forty hours of work per week. In 2024, an employee must make a minimum of $1,280 a week, or $66,560 yearly, excluding board, housing, and other benefits, to be considered an exempt employee in California.

2. Test of Duties

In order to be eligible for the administrative exemption in California, an employee has to clear a responsibilities test:

They either perform:

(a) Non-manual or Office work closely associated with management policies or the overall operations of their employer or their clients; or

b) Work in a department or division of an educational institution or establishment, in the management of a school framework, or in a job directly associated with academic training or instruction.
They must regularly and systematically use their discretion and judgment on their own.
An administrative worker who is exempt must either:

(a) Consistently and directly support a business owner or worker in a legitimate administrative or executive role;

(b) Carry out technical or specialized tasks requiring particular training, expertise, or understanding under general supervision only; or

The employee needs to be predominantly performing tasks that satisfy the exemption’s requirements. The definitions of exempt employment and nonexempt work are interpreted similarly to how the FLSA (Fair Labor Standards Act) and federal regulations define those words. For instance, any activity that is immediately and closely linked to exempt duties and employment that is appropriately regarded as a method of performing exempt functions is considered exempt work.

Before anything else, it is necessary to look at the work that the employee actually does throughout the workweek. The length of time the worker spends in this work (more than fifty percent), the employer’s reasonable expectations, and the reasonable demands of the job will all be taken into account when assessing whether the staff meets this requirement.

3. Production versus administrative work.

Workers often struggle to distinguish between administrative and production labor. Work in production is not exempt. This distinction has previously been referred to by the courts.

It clarified that labor is only considered “directly linked” if it is administrative in both a quantitative and a qualitative sense. The activity must be administrative in character to meet the qualitative component; this includes work performed by white-collar employees who provide business support.

It must have “significant relevance to the operations or management of the firm” in order to pass the quantitative component. Although it may be taken into consideration, the Supreme Court emphasized that its decision simply said that the production/administrative worker duality is not the deciding factor.

Executive Exemption

An employee needs to clear the pay and duties tests to be eligible for the executive exemption.

1. Test of Salary Level

An executive worker must make at least double the state’s minimum salary for full-time work each month to qualify for the exemption. The definition of “full-time job” is 40 hours a week. In 2024, an employee needs to earn a minimum of $1,280 a week, or $66,560 yearly, excluding board, housing, and other benefits, to be considered an exempt employee in California.

2. Test of duties

To be eligible for the executive exemption in California, a worker must pass a responsibilities/duties test:

The administration of the company where the employee works, or of a department or division within the company that is traditionally recognized, must be part of the person’s duties and obligations;
The worker must routinely and habitually oversee the work of at least two other workers;
The exempt executive worker must either be able to hire or dismiss other workers or have the power to give special weight to suggestions for the hiring, firing, promotion, or advancement of other employees; and
Regular and consistent use of discretion & independent judgment is required of the employee.

The staff member must be predominantly performing tasks that satisfy the exemption’s requirements. The definitions of exempt jobs and nonexempt jobs are interpreted similarly to how the FLSA & federal regulations define such terms. For instance, every job that is immediately and closely linked to exempt duties and employment that is appropriately regarded as a method of performing exempt functions is considered exempt work.

Before anything else, it is necessary to look at the work that the employee actually does throughout the workweek. The length of time the worker spends in this position (more than fifty percent), the employer’s reasonable expectations, and the reasonable demands of the job will all be taken into account when assessing whether the worker meets this requirement.

Note: California workers are not significantly impacted by the executive exemption because federal requirements are less stringent than California law. California businesses should abide by state law since it is more stringent than federal law.

Practice Tip: The Industrial Welfare Commission claims that failing to distinguish between the use of autonomous managerial abilities and discretion & independent judgment is the most common reason why the term “discretion & independent judgment” is misused. An employee does not utilize discretion or autonomous judgment if they only use their memory to follow instructions or figure out which corporate manual procedure they need to follow.

Professional Exemption

An employee must satisfy the wage and duties tests in order to be eligible for the professional exemption.

1. Test of Salary Level

A professional worker must make at least twice the state salary for full-time work each month in order to qualify for the exemption. The definition of “full-time work” is 40 hours a week. In 2024, an employee must make a minimum of $1,280 a week, or $66,560 yearly, excluding board, housing, and other benefits, to be considered an exempt employee in California.

2. Test of Duties

Under the laws of California, an employee complies with the duties criterion if:

1. The exempt employee in California primarily practices any of the following acknowledged professions: medicine, law, dentistry, architecture, optometry, teaching, engineering, or accounting, and they hold a California license or certification.

2. The worker’s primary occupation is one that is widely acknowledged as a creative or learned vocation. According to these definitions, a worker in a “learned or creative profession” is one who performs the following duties primarily:

a) Work that necessitates advanced knowledge in a scientific field or knowledge that is typically acquired through a lengthy period of specialized intellectual education and study, as opposed to general higher education or training, training in the execution of regular mental, laborious, or physical tasks, or work that is a necessary component of or occurrence to any of the aforementioned; or

b) Work in an established area of artistic activity that is unique and creative in nature (in contrast to work that may be created by an individual equipped with broad manual and intellectual capacity and training) and whose outcome depends mainly on the employee’s inventiveness, imagination, or talent, or work that is a necessary component of or occurrence to any of the aforementioned; and

c) Job that is primarily cerebral and diverse in nature (as compared to regular mental, laborious, mechanical in nature, or physical work), making it impossible to standardize the output or the outcome achieved in connection to a specific time frame. Any individual doing such work will be considered an exempt employee in California.

3. In carrying out the aforementioned responsibilities, the employee routinely and typically uses discretion & independent judgment.

Note: California employees are not significantly impacted by the federal restrictions for the professional exemption since they are often less stringent than California law.

Particularly, California’s exempt responsibilities criteria must be considered in line with comparable federal law standards.

3. High-paying Hourly Workers in Computer Software

Although they receive compensation on an hourly basis, some extremely talented and highly compensated professional computer workers are exempt from the overtime rules. Only when all of the following conditions are satisfied does an employee qualify for this exemption:

1. In addition to predominantly working on creative or intellectual projects that call for the use of discretion and autonomous judgment, the primary responsibilities of an exempt employee in California include any or all of the following:

a) Using systems analysis methods and procedures, such as user consultation, to ascertain the functional requirements of software, hardware, or systems.

b) The process of creating, developing, documenting, analyzing, testing, or modifying computer programs or systems, including prototypes, in accordance with user or technical specifications

c) The process of designing hardware or software for computer operating systems, including its documentation, testing, development, and modification

2. This exempt employee in California is extremely talented and adept at using highly specialized knowledge in both practical and theoretical contexts, such as software engineering, programming, or computer systems analysis. The application of this exemption cannot be determined by a person’s work title.

3. In 2024, the employee will be paid a minimum of $115,763.35 a year, which is equivalent to $55.58 an hour or $9,646.96 a month, excluding board, accommodation, and other benefits.

The following workers are excluded from this exemption:

Candidates or workers in entry-level roles who are gaining expertise in the practical and theoretical application of exceptionally specialized knowledge to software engineering, programming, and computer systems analysis
Workers in computer-related occupations who lack the knowledge and proficiency required to operate autonomously and without constant supervision
Computer operators and those involved in the production, maintenance, and repair of computer gear and associated equipment
Workers with expertise in software for computer-aided design, such as CAD/CAM, who are not employed as computer systems programmers or analysts but are engineers, machinists, drafters, or other experts whose work is heavily reliant on or made easier by the use of computers software and computer.
Writers who create or supply content meant for consumers, visitors, or subscribers of computer-related mediums to read, such as those who write box labels, documentation, product descriptions, promotional materials, installation and setup instructions, and other comparable written content for on-screen or print media
Workers carrying out ordinarily exempt tasks in order to provide visual effects for the film, television, or theater industries

4. Exclusion of Pharmacists and Registered Nurses

Unless they satisfy the requirements for exemption as administrative or executive workers, pharmacists, and registered nurses hired to engage in nursing are not considered exempt workers in California. The professional exemption may be applicable to licensed nurse practitioners, licensed nurse midwives, and licensed nurse anesthetists.

5. Doctors

If a qualified doctor or surgeon’s hourly wage in 2024 is $101.22 or more, they are exempted from overtime. Employees enrolled in resident programs or medical internships are not covered by the exemption. Every year, starting on January 1st, the Division of Labor Statistics and Research will modify the rate of pay necessary for the exemption by the percentage rise in the California CPI (Consumer Price Index) for Urban Workers & Clerical Workers.

Exemption for an outside salesperson

Any individual who is aged eighteen years or more and who typically and regularly is working more than half of their working hours away from their employer’s place of work selling intangible or tangible products or getting contracts or orders for goods, services, or facility use is considered an “outside salesperson” under California law. The compensation requirements that apply to California’s exempt professional, executive, and administrative workers do not apply to outside salesmen.

Exemption for an inside salesperson

If commissions account for over half of an employee’s salary, California’s commissioned worker exemption applies to that employee whose earnings are more than one and a half times the minimum wage in the state. In order to meet the minimum earnings criteria for the commissioned employee exemption, commission wages paid during a single biweekly pay period cannot be carried over to subsequent pay periods.

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