Unlicensed Junior Accountants May Be Exempt From Overtime

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Campbell v. PricewaterhouseCoopers, 2011 WL 2342740 (9th Cir. 2011)

Two thousand unlicensed junior accountants brought this wage-and-hour class action against PwC, alleging they were improperly classified as exempt from overtime. The parties filed cross-motions for partial summary judgment, and the district court granted the employees’ motion, holding as a matter of law that they were not exempt under the professional or administrative exemptions. The Ninth Circuit reversed on the ground that a material question of fact existed as to whether the employees’ duties met the requirement of a “learned” or “artistic” profession (and are therefore exempt) even though they are not licensed. The Court also held there were “numerous factual disputes in the record” that precluded summary judgment with respect to the administrative exemption.

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Proskauer - California Employment Law on:

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