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:
Recommending Matt Turner
I highly recommend this law firm! Matt Turner was amazing to work with. He fought hard for our family and genuinely cared about us every step of the way. He was knowledgeable, compassionate, and always kept us informed throughout the process. We are incredibly grateful for everything he did and…
Tad Roumayah Is One of the Good Ones
I had a wonderful experience working with Tad. He was knowledgeable, responsive, and professional throughout the entire process, while also being genuinely kind and supportive. I always felt that my concerns were taken seriously and that I had someone wise and resilient in my corner. I’m very grateful for his…
From One of Tad Roumayah’s Clients
Attorney Tad Roumayah did a FANTASTIC job with my case. I highly recommend him!!!
A Client’s Praise for Dina Zalewski
My experience with Dina Zalewski and the Sommers Schwartz team was nothing short of incredible. The way that they showed genuine concern throughout this ordeal made me feel increasingly confident. I highly recommend Dina and her team for any of your legal pursuits.
Working with Tad Roumayah
I can’t say enough good things about working with Tad Roumayah. From our very first conversation, he was attentive, straightforward, and genuinely invested in getting the best outcome for my case. He took the time to explain everything clearly, answered my questions (even the ones I asked more than once)…
Praise for Alexis Amy and Tad Roumayah
I am very happy with the settlement Sommers Schwartz obtained for me in my age and disability discrimination case.Tad Roumayah and Alexis Amy explained every step of the process and answered all my questions along the way.I highly recommend this law firm!
I Cannot Say Enough Good Things About This Law Firm and My Attorney, Matthew G. Curtis.
I cannot say enough good things about this law firm and my attorney, Matthew G. Curtis. From the very beginning, their professionalism, communication, and attention to detail stood out immediately. They kept me informed throughout the entire process, answered my questions promptly, and always made me feel like a priority…
From a Wayne State Medical School Student About Judy Susskind
Law & Medicine was truly one of my favorite rotations – seeing a trial and learning from you was a privilege. Medical students are so lucky to have such an incredible preceptor for this experience. Your firm, colleagues, and clients are lucky to have you. (From a Wayne State University…
Our Clients Say It Best
