California appeals court overturns law clerk overtime ruling
The First District Court of Appeal in San Francisco, California, recently ruled against an attorney who sued his former firm on the grounds that he was improperly exempted from overtime regulations set by state legislation while working as a law clerk.
Matthew Zelasko-Barrett argued that law clerks should not qualify for a 1989 state Industrial Welfare Commission order that excluded all members of "learned professions" from overtime, citing the fact that clerks are unlicensed and yet to take the state bar exam.
Under the Labor Code, the California Industrial Wage Commission is authorized to exempt professionals whose employee attendance exceeds 40 hours a week from receiving overtime pay, provided they meet the criteria.
Although a Marin County judge ruled in Zelasko-Barrett's favor, the appeals court found that law clerks exercise "a significant level of discretion" in their work, including researching legal issues and drafting documents. Due to the fact that their duties are predominately intellectual rather than routine clerical tasks, the court of appeals overturned the Marin County ruling.
Matthew Zelasko-Barrett argued that law clerks should not qualify for a 1989 state Industrial Welfare Commission order that excluded all members of "learned professions" from overtime, citing the fact that clerks are unlicensed and yet to take the state bar exam.
Under the Labor Code, the California Industrial Wage Commission is authorized to exempt professionals whose employee attendance exceeds 40 hours a week from receiving overtime pay, provided they meet the criteria.
Although a Marin County judge ruled in Zelasko-Barrett's favor, the appeals court found that law clerks exercise "a significant level of discretion" in their work, including researching legal issues and drafting documents. Due to the fact that their duties are predominately intellectual rather than routine clerical tasks, the court of appeals overturned the Marin County ruling.
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