California Supreme Court rules on time and attendance case
In August, a California court ruled against an attorney who claimed he was improperly exempted from state time and attendance regulations while working as a law clerk.
Under the state's Labor Code, the California Industrial Wage Commission may exempt professionals whose employee attendance exceeds 40 hours a week from receiving overtime pay, provided they meet the criteria.
Matthew Zelasko-Barrett argued that he was entitled to overtime pay and other employee benefits for the two-year period during which he worked as a law clerk for a Novato-based firm.
Although a Marin County judge ruled in Matthew Zelasko-Barrett's favor, the First District Court of Appeal in San Francisco found that law clerks' duties are predominantly intellectual. Because their jobs involve researching legal issues, drafting documents and other tasks that are not clerical in nature, the court overturned the Marin County ruling.
Zelasko-Barrett took the issue to the state Supreme Court, which unanimously denied the review. It upheld the appeals court's decision that law clerks are included in a 1989 IWC order excluding all members of "learned professions" from overtime.
Under the state's Labor Code, the California Industrial Wage Commission may exempt professionals whose employee attendance exceeds 40 hours a week from receiving overtime pay, provided they meet the criteria.
Matthew Zelasko-Barrett argued that he was entitled to overtime pay and other employee benefits for the two-year period during which he worked as a law clerk for a Novato-based firm.
Although a Marin County judge ruled in Matthew Zelasko-Barrett's favor, the First District Court of Appeal in San Francisco found that law clerks' duties are predominantly intellectual. Because their jobs involve researching legal issues, drafting documents and other tasks that are not clerical in nature, the court overturned the Marin County ruling.
Zelasko-Barrett took the issue to the state Supreme Court, which unanimously denied the review. It upheld the appeals court's decision that law clerks are included in a 1989 IWC order excluding all members of "learned professions" from overtime.
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