Legal Question in Employment Law in California

Your employer is wrong. One of the conditions of being exempt is that you be paid a salary that is calculated in increments of not less than one day. If you are paid or not paid based on hours worked, not days, weeks, or months, you are not exempt.

Mr. McCormick is correct. Additionally, it is not how much you make but what you do that determines whether you are an exempt employee. Generally, the three most common exempt positions are professional, managerial or administrative. If you are none of the three, chances are you are not exempt from overtime pay requirements.