Am I An “Exempt” Employee Under California Law?
Many of California’s labor laws (such as overtime rules) may not apply to certain “exempt” employees. Exempt employees normally engage in one of three categories of work: administrative, executive, or professional.
- Administrative Exemption: Applies to those employees whose duties and responsibilities involve management policies or general business operations or the administration of a school or educational institution or department thereof and regularly exercises discretion and independent judgment.
- Executive Exemption: Applies to those employees whose duties and responsibilities involve management of a business or a portion of a business, directs the work of other employees, who has authority or has the ability to make recommendations as to the promotion, hiring, or firing of other employees, and customarily and regularly exercises discretion and independent judgment.
- Professional Exemption: Generally applies to lawyers, doctors, architects, engineers, accountants, teachers, artists, or other professions that requires advanced training and knowledge within a particular field or a requisite level of creativity. Again, such employees must customarily and regularly exercise discretion and independent judgment.
Exempt employees must earn at least two times the state minimum wage for full-time employment. There is a number of industry specific exemptions to California’s labor laws and regulations.
- Salesperson: The exemption for employees who are paid primarily in sale commissions, is relatively straightforward. A salesperson is exempt and not entitled to overtime pay if more than half of her pay is in commissions, so long as her hourly earnings are more than 1.5 times the minimum wage. See Cal. Code Regs., tit. 8, § 11040, subd. 3(D).
To read more about exempt employees, please see Labor Code, Section 515 (click here) or review the applicable Industrial Welfare Commission Wage Order for additional information (click here).
We fight hard. And we win.
News & Case Alerts
Read related articles and learn about recently filed cases.
Our attorneys have been featured on local and national media outlets, including:
Praise for Albert Asciutto
Shout out to Albert Asciutto for being a fantastic attorney & walking me through the entire process of fighting for my wages! He made the process quick and easy. In the end we won the case!! Thank you again for taking my case on, you are awesome! I would absolutely…
Praise for Jesse Young and Alana Karbal
Alana Karbal and Jesse Young did an excellent job fighting a giant for my wages. They pushed me to get what they needed from me and were amazing at communicating with me at all times. I won my arbitration and was so excited when I got more than what I…
Praise for Wage & Overtime Pay Attorney Jesse Young
Jesse Young worked an employment case for me that ended with almost 700 people getting their unpaid wages back. He and his team are incredible. From the first communication to the last, they never missed a single beat – consistent and clear communication, quickly replying to my communication, and always making…
A Client’s Gratitude for Tad Roumayah
Tad, I want to express my sincere gratitude for your unrelenting advocacy on my behalf throughout this process. It’s a shame that this sort of thing is still happening to new moms in 2023 and at an institution that prides itself on diversity, equity, and inclusion, no less. Knowing there…
Comments about Matthew Curtis from an Appreciative Client
Your efforts have changed my life, Matt. I’m forever grateful. My wife has tons of upcoming medical expenses, and we had both been working hard to make ends meet. I can’t thank you and your staff enough.
Praise for Lisa Esser-Weidenfeller and Matthew Curtis
I am writing to express my sincere gratitude for your hard work and dedication in handling my case. I appreciate your professionalism, your compassion, and your perseverance throughout this challenging process. You have gone above and beyond to protect my rights, to defend my interests, and to secure a favorable…
A Client Talks about Andy Dragovic
My wife had an accident, tripping over a cable line that wasn’t buried. Andy represented us and were very pleased with the outcome. Andy was very professional, personable, and quick to respond to us, answering any of our questions or concerns. The whole firm was responsive to our concerns, and…
Praise for Dina Zalewski
The lawyers at Sommers Schwartz, P.C. were nothing short of amazing when I came to them with my medical malpractice case! Dina truly helped to put my mind at ease and because of her and her firm, I finally have closure and can begin my healing process! I just want…
Our Clients Say It Best
