California Overtime laws have been described as some of the most rigid in the land. And yet there is never a shortage of lawsuits stemming from accusations that employers attempt to deny employees from their rightful benefits under California Labor law.



The foregoing covers everything from the payment of overtime, to working conditions, to California Labor Law breaks—the latter important to the well-being of the employee by having the opportunity to refresh or obtain nourishment as necessary.



However, out of all the Wage and Hour Laws, the overtime issue appears to be a perpetual hotbed. Two recent cases speak to the complexity that sometimes accompanies such disputes.



In Areso v. Carmax Inc., sales associates argued that because their commission was fixed at $150 per car, rather than an amount proportional (usually a percentage) to the value of the car sold, the plaintiff should not be exempt from overtime as is normally the case for persons earning commission wages on sales.



However, an appellate court earlier this month upheld the ruling of a lower court that the plaintiffs were rightly exempt from overtime, according to labor laws observed by the state. Labor experts suggest the ruling could signal a new direction in wage and hour law in California.



An equally significant ruling that might have been groundbreaking had the courts sided with the plaintiffs, was recently handed down by the US Court of Appeals for the Ninth Circuit. In that case, plaintiffs toiling as junior accountants in the lowest two of a seven-tier hierarchy argued they should not be exempt from overtime due to the fact they were, in fact, unlicensed.



A lower court granted partial summary judgment in favor of the plaintiff. However the Ninth Circuit reversed that ruling, finding that granting unlicensed accountants the right for overtime under Wage and Hour Laws in California would set a precedent and afford the opportunity for thousands of similar claims from unlicensed professionals in other sectors.



"Every lawyer, doctor, dentist, optometrist, architect, engineer, or teacher who is not 'licensed or certified by the State of California," stated Ninth Circuit Judge Richard Tallman, “would not qualify for the professional exemption" (and thus have a compelling argument for overtime pay) .



Not to discourage plaintiffs with reasonable and justifiable complaints from coming forward. Labor laws in the golden state—California Labor Law Breaks among them—are carefully considered, rigid and enforced. That said, there would always be an employer who attempts to circumvent the regulations out of greed or financial necessity, essentially violating their employee's rights in the process. When California Overtime is denied an employee unjustly a legal challenge is a wise and viable recourse for the victim, and a necessary response against the accused.

View all Gordon Gibb's articles

---

About the Author:
Gordon Gibb is a multi-dimensional writer and regularly writes on health related issues and legal matters. He specializes in writing on labor related issues, lawsuits & class action lawsuits.

More Legal articles