Sommers Schwartz is a powerhouse litigation firm that has recovered more than one billion dollars for our clients. When your future is on the line, our team will fight for you.

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I couldn’t have asked for better representation and counsel...

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We can tackle some of the most complex matters in the litigation world.

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Year after year, our team delivers unmatched results for our clients.

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).

A Trusted Authority

Our attorneys have been featured on local and national media outlets, including:

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A Medical Malpractice Client Recommends Matt Turner

Matt Turner and his whole staff have acted very professionally, respectfully, and responsively to my every need. I highly recommend him to represent you in any legal matter you may have. Thank you again for all your help and guidance.

Appreciation for Mary Pat Rosen

I want you to know how much I appreciate you and your staff’s kindness and desire to find justice for my husband. Life certainly has it’s turns and twist and we must learn to move with them to embrace peace and new beginnings.

Although a Claim Couldn’t Be Brought, a Client Told Mary Pat Rosen Meyers…

Thank you again for looking into everything, and we understand entirely that your hands are tied due to the statute of limitations in Michigan. We greatly appreciate both the effort you and your staff put in and the professionalism and kindness with which you did it.

We are so thankful this firm was recommended to us!

Robert Sickels and his whole team went above and beyond while caring for us, They truly go the extra mile.

After our first meeting with attorney Matt Curtis, our feelings of frustration, defeat, and helplessness were diminished.

Matt’s knowledge of the law concerning medical malpractice and his compassion for my husband’s situation gave us the boost we needed to stand up and be heard! I am so grateful that my husband felt validated and energized throughout his time meeting with Mr. Curtis because, in February of 2021, he…

I couldn’t have asked for better representation and counsel.

Thank you, Tad Roumayah, for representing me on my severance agreement. The entire negotiation was handled efficiently and in an extremely professional manner. I couldn’t have asked for better representation and counsel.

My wife and I wanted to send you our deepest gratitude for your work on our family’s behalf

Even though it doesn’t change our daughter’s condition, it will make going through some of the challenges she will face less burdensome from a financial perspective. We appreciate your professionalism, Rick Groffsky – you are truly a master of your craft.

Matt Turner was a guiding light through my lawsuit.

Going through the legal process was foreign and nerve-racking for me but I was able to garner confidence from my attorney. I am fully confident he was the key factor in the success of my outcome.

Our Clients Say It Best

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40 5-star reviews on Google