Tag Archives: FLSA

Does The De Minimis Defense Apply To California Labor Code Claims?

The California Supreme Court recently heard the case of Troester v. Starbucks Corporation which could significantly increase employers’ exposure to claims by hourly paid employees for small pre-shift and post-shift tasks that are currently treated as insignificant and not compensable. The de minimis doctrine, an established defense under the Fair Labor Standards Act (“FLSA”), permits … Continue Reading

California Employers Receive a Welcome Victory Regarding Commission Plans and the Limited Commission Exemption From Overtime

On January 24, 2012, California employers received a welcome victory regarding commission plans and the commission overtime exemption under Wage Orders 4 and 7. In Muldrow v. Surrex Solutions Corp., (CA4/1 Case No. D057955 1/24/12), the Fourth Appellate District of the Court of Appeal found that employment recruiters were eligible for the California commission exemption … Continue Reading

California Appeals Court Rules Law School Graduate Who Was Not Yet Admitted To Bar Was Exempt “Learned Professional”

California courts continue to build on the Ninth Circuit’s recent decision regarding the California Learned Professional Exemption.  A California appellate court found a law clerk as exempt from state and federal overtime provisions who had not passed the California Bar Exam but graduated from law school.  Zelasko-Barrett v. Brayton-Purcell, LLP, 2011 Cal. App. LEXIS 1080 (Cal. App. 1st Dist. … Continue Reading