Misclassified as a Manager? How Employers Use False Titles to Avoid Overtime

One of the most common wage theft tactics in California is the misclassification of hourly workers as salaried “managers” to avoid overtime obligations. It works until someone does the math.

The Exemption Requirements

To qualify as exempt from overtime as a manager or executive, an employee must: earn a salary of at least twice the state minimum wage; primarily perform exempt duties (managing, exercising independent judgment); and genuinely supervise two or more employees. All three conditions must be met.

Job title means nothing. An employee called “Assistant Manager” who spends 80% of their time stocking shelves and running a cash register is not exempt. Courts look at what the employee actually does, not what they’re called.

The California Wage Theft Recovery System gives workers the exact tools and templates to document violations, calculate what they’re owed, and file the right claims at the right agencies — without paying an attorney to get started. Request your free evaluation here.