California Employer’s Guide To The Federal Overtime Exemptions

California Employer’s Guide To The Federal Overtime Exemptions


Author: Richard J. Simmons
Publisher: Castle Publications
Edition: First
ISBN: 0943178533
Pages: Over 290
Format: Print only


After more than 50 years, the U.S. Department of Labor (“DOL”) has issued new regulations revising the federal overtime exemption standards. The final regulations govern employers in virtually all industries. They define the “white collar exemptions” from the federal minimum wage and overtime rules for executive, administrative, professional, computer, and outside sales employees. They establish three tests that employees ordinarily must meet to be exempt. They also encourage employers to review their payroll practices and establish written policies that take advantage of a new “safe harbor” rule.

In this publication, Attorney Richard J. Simmons of the law firm of Sheppard, Mullin, Richter & Hampton LLP, reviews the breadth of the new rules and the updated exemption tests. The publication offers valuable insights into the critical features of the regulations, their relationship with California laws, and their impact on employers throughout the country. Among the subjects discussed in the publication are the following:

  • Overview Of Regulations
  • Executive Exemption
  • Administrative Exemption
  • Professional Exemption
  • Salary Basis Standards
  • Clarification Of Standards
  • Salary Level Test
  • Summary Of Changes
  • Outside Sales Employee Exemption
  • Exemption For Highly Paid Employees
  • Computer Employee Exemptions
  • Safe Harbor Rules
  • Significance In California
  • Key Definitions And Concepts

About The Author

Richard J. Simmons is a Partner in the law firm of Sheppard, Mullin, Richter & Hampton LLP in Los Angeles. He represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and arbitrations. Mr. Simmons received his B.A., summa cum laude, from the University of Massachusetts, where he was a Commonwealth Scholar and graduated in the Phi Kappa Phi Honor Society. He received his J.D. from Berkeley Law at the University of California at Berkeley where he was the Editor-in-Chief of the Industrial Relations Law Journal, now the Berkeley Journal of Employment and Labor Law.


Mr. Simmons argued the only case before the California Supreme Court that produced a victory for employers and business in 2018. He was recently recognized as the Labor and Employment Attorney of the Year by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame. He has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other employment and labor relations matters. He is a member of the National Advisory Board to the Berkeley Journal of Employment and Labor Law, published by Berkeley Law at the University of California at Berkeley. He was also appointed by the California Industrial Welfare Commission as a member of three Minimum Wage Boards for the State of California.