California Employment Law Update

Tag Archives: professional exemption

Social Workers May Not Be “Learned Professionals” Who Are Exempt From The FLSA

Solis v. State of Washington, 656 F.3d 1079 (9th Cir. 2011) The U.S. Secretary of Labor filed a complaint against the State of Washington’s Department of Social and Health Services (“DSHS”), alleging a violation of the Fair Labor Standards Act of 1938 (“FLSA”) based upon the DSHS’s classification of its social workers as “learned professionals” … Continue Reading

Unlicensed Law Clerk Was Properly Classified as Exempt Professional

Zelasko-Barrett v. Brayton-Purcell, LLP, 198 Cal. App. 4th 582 (2011) Following his graduation from law school but before he had passed the California bar examination, Matthew Zelasko-Barrett worked for the law firm of Brayton-Purcell, LLP as a Law Clerk II. After his voluntary departure from the firm, Zelasko-Barrett filed this lawsuit claiming he was misclassified … Continue Reading

July 2011 California Employment Law Notes

We invite you to review our newly posted July 2011 California Employment Law Notes — a comprehensive review of the latest and most significant developments in California employment law.  The highlights include: Class Of 1.5 Million Female Wal-Mart Employees Was Improperly Certified Arizona Law Requiring Use Of E-Verify Is Upheld U.S. Court Has Jurisdiction Over Argentinean Employees’ … Continue Reading

Unlicensed Junior Accountants May Be Exempt From Overtime

Campbell v. PricewaterhouseCoopers, 642 F.3d 820 (2011) Two thousand unlicensed junior accountants brought this wage-and-hour class action against PwC, alleging they were improperly classified as exempt from overtime. The parties filed cross-motions for partial summary judgment, and the district court granted the employees’ motion, holding as a matter of law that they were not exempt … Continue Reading

Ninth Circuit Rules Unlicensed “Junior Accountants” May Be Exempt From Overtime

Campbell v. PricewaterhouseCoopers LLP, 2011 WL 2342740 (9th Cir. June 15, 2011) (pdf) The U.S. Court of Appeals for the Ninth Circuit reversed a lower court’s grant of partial summary judgment in favor of the plaintiff-junior accountants, noting that the district court’s holding would produce “significantly troubling results” and create “highly problematic precedent affecting several non-accounting … Continue Reading

Reporters Were Entitled To Judgment In Wage And Hour Class Action

Wang v. Chinese Daily News, 623 F.3d 743 (2010) Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards Act (FLSA) and California state law. The district court granted summary judgment in favor of the reporters, finding journalists are not subject to the creative … Continue Reading

Culinary School Instructors Were “Professionals” Exempt From Overtime

California School of Culinary Arts v. Lujan, 112 Cal. App. 4th 16 (2003) The employer, California School of Culinary Arts (CSCA), failed to pay its instructors overtime under Industrial Welfare Commission Wage Order 4-2001 on the ground that the instructors were subject to the professional exemption of the Wage Order. The California Division of Labor … Continue Reading
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