Salaried Nonexempt: Yes, Salary Plus Overtime Is a Real Thing

Salary is just a payment method, not an overtime waiver. Nonexempt salaried workers are owed overtime on top — computed by a formula employers routinely botch.

What California Law Says

For nonexempt salaried employees, California computes the regular rate as the weekly salary divided by no more than 40 hours, then pays overtime hours at 1.5 or 2 times that rate in addition to salary — a formula more favorable than the federal fluctuating workweek method, which California rejects.

How to Fight Back, Step by Step

1. Confirm nonexempt status: below the salary threshold or failing the duties test means nonexempt regardless of the label.
2. Divide weekly salary by 40 to establish the regular rate.
3. Apply 1.5x and 2x to each overtime hour reconstructed from your logs.
4. Compare to anything actually paid; many employers paid zero.
5. Demand the difference with the calculation attached and file if refused.

Common Questions

HR says my salary covers all hours worked. Is that a thing?

Not in California — explicit mutual wage agreements are narrowly limited, and the default rule adds overtime on top of salary at the divided-by-40 rate.

I never tracked hours because I was salaried. Now what?

Reconstruct from calendars, badge data, emails, and commute patterns — reasonable estimates control where the employer kept no records.