In California, the law does not mandate salaried employees, even those that are exempt, to clock in and out. Subject to California labor law, the general employment rule is that overtime pay is due for every work that exceeds 8 hours a day and 40 hours in a week.In California, salaried employees can be classified as exempt or non-exempt. Non-exempt salaried employees are eligible for overtime. As a general rule exempt employees are paid a salary and don't have to be paid overtime no matter how many hours they work. The first step in the wage complaint process is to fill out a Form 1 labor board complaint. You will typically need to also fill out a Form 55 attachment. The right to be paid the minimum wage and accept gratuities (tips). Under California's new salary history ban, employers are prohibited from seeking salary history information about an applicant "personally or through an agent." Help make pay equity the norm in California.