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 Lenore Zakhem
Attorney Lenore Zakhem is a great attorney. If you need a medical malpractice lawyer, you should not hesitate to contact her. She will take care of you and achieve a great result.
A Positive Consultation Experience
In finding out about a class action lawsuit I could possibly join I spoke with a paralegal to see what my options were. Unfortunately, I couldn’t pursue the case and didn’t need further assistance. However, I have recommended others reach out to Sommers Schwartz, I was impressed with the compassion…
A Referring Attorney Recommends Muskan Ali
I am a personal injury attorney in Michigan but do not handle medical malpractice cases. I have referred a few cases to Attorney Muskan Ali for review and handling. Her knowledge and understanding of the laws surrounding Medical Malpractice are inspiring, and I am always confident when referring cases to…
Praise for Our Medical Malpractice Team
Rob Sickels, Lissa Racer, and the whole firm are amazing! They were able to help me when no one else could. Their care extends years later, they are still reaching out, checking in, and extending well wishes! I’m so thankful I found them, and I know you will be, too,…
Praise for Paulina Kennedy and Jesse Young
I had a pregnancy discrimination case, and the Sommer Schwartz team made me feel heard! Their professionalism and communication were amazing, and their answers were very easy to understand! Thank you again, team!
A Client Recommends Al Asciutto
Working with Al Asciutto at Sommers Schwartz was a 10/10, outstanding experience. From start to finish, Al demonstrated exceptional attentiveness, ensuring no detail or question was overlooked. His professionalism and knowledge were apparent in every interaction, and his genuine care for my situation made me feel supported throughout the entire…
Praise for Al Asciutto
I had the pleasure of working with Al Asciutto, and I couldn’t be more impressed with his professionalism, knowledge, and dedication. From the very beginning, he took the time to thoroughly understand my case and provided clear, practical advice tailored to my needs. Throughout the process, Mr. Asciutto was incredibly…
About Medical Malpractice Lawyer Muskan Ali
Attorney Ali has truly been a godsend! She is patient, knowledgeable, and kind. She has been the biggest assistance as I navigated my medical malpractice case, and I truly appreciate her help so much. Highly recommended to everyone!
Our Clients Say It Best
