Employment Law Blog

Filter:  Harris v. Sup. Ct.

Administrative Exemption from Overtime in California

“[U]nder California law, exemptions from statutory mandatory overtime provisions are narrowly construed. Moreover, the assertion of an exemption from the overtime laws is considered to be an affirmative defense, and therefore the employer bears the burden of proving the employee’s exemption.” Ramirez v. Yosemite Water Co. (1999) 20 Cal.4th 785, 794–795 (internal citations omitted). California Labor Code section 510(a) requires employers to pay overtime compensation—that is, to compensate its employees at a higher rate for hours worked over eight in a day or forty in a week. Lab. Code § 515(a) gives the Industrial Welfare Commission (“IWC”) the authority to establish exemptions from the overtime pay requirement. The IWC promulgated Wage Order No. 4, which relates to “professional” and “technical” employees. Cal. Code Regs., tit. 8, § 11040. The wage order establishes four exemptions from the overtime requirement: the (1) executive, (2) administrative, (3) professional, and (4) computer professional exemptions. Id. at subd. 1(A). Pursuant to the Wage Order, in order to be exempt, an employee must perform exempt duties more than fifty-percent of the time.

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Privacy Privilege in Discovery

Article I, section 1 of the California Constitution “creates a zone of privacy which protects against unwarranted compelled disclosure of certain private information.” Planned Parenthood Golden Gate v. Superior Court (2000) 83 Cal.App.4th 347, 357. Pioneer Electronics (USA), Inc. v. Superior Court (2007) 40 Cal.4th 360, 370–371. In determining whether information falls within the zone of privacy, the party claiming the privacy privilege must have a reasonable expectation of privacy under the circumstances, including the customs, practices, and physical settings surrounding the circumstances. Hill v. National Collegiate Athletic Association (1994) 7 Cal.4th 1, 35–37.

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