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 want to thank you again for what you have done for my family...

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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 (for more information regarding California’s overtime laws, click here. 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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I will recommend you and your firm’s services to my friends and family.

Dan, I was very satisfied with the services you and Tad provided to me. The most important item for me was you both responded to my questions and inquiries quickly. I appreciated that aspect of your service.

I want to express my sincere thanks to you.

I want to express my sincere thanks to you for getting justice for my son and restoring my hope in humanity. After his death, I labored for over one-and-a-half years to find an attorney to file the case. I am grateful to you and your firm for your unwavering belief in this case.

Your Honor, may we please be provided a calculator?

Your Honor, may we please be provided a calculator? – Note to a judge from the jury in a railroad injury case handled

I cannot say enough good things about Jason!

I cannot say enough good things about Jason – an incredible lawyer and an even better person. There are very few lawyers that I trust completely, but Jason is one of them and rightfully so.

Overall a wonderful job and I will definitely recommend you!

I had a wonderful experience with you and Tad! I think the outcome was great, in spite of my former employer’s attempts at dodging the issue and I am extremely happy in my new position.

My matter was handled and prosecuted above my expectations.

My matter was handled and prosecuted above my expectations and resulted in a positive outcome – other attorneys I contacted weren’t even interested in representing me. I would strongly recommend Sommers Schwartz and Mr. Watkins.

Please extend my gratitude.

Going through this process was a totally new experience for me, but the way you and your firm conducted it was certainly reassuring. Please extend my gratitude to all the people involved.

Your service was great!

I felt your service was great. I was very satisfied with Sommers Schwartz and will always remember you when a friend needs legal help. Thanks for a good job it could not have been successful without you.

I was and still am satisfied with your firm.

I was and still am satisfied with you and your firm. You believed in me and believed that I was wronged by [the defendant]. You listened to my input and suggestions. You understood what I was up against and justice was served. Thank you for working with me.

Our Clients Say It Best

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40 5-star reviews on Google