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Labor & Employment

Law Grad Loses Suit Seeking Overtime Pay for Work as Clerk at Law Firm

Posted Aug 18, 2011 7:47 PM CDT
By Martha Neil

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California employers aren't legally required to pay licensed professionals time-and-a-half for working overtime.

But that rule doesn't apply to an unlicensed clerk doing similar work for a law firm, a law school graduate successfully contended in a Marin County lawsuit. Yesterday, however, an appeals court overruled that decision, reports the San Francisco Chronicle.

Because Matthew Zelasko-Barrett employed "a significant level of discretion" while working as a clerk for the Brayton-Purcell law firm before he passed the state bar exam, it wasn't required to pay overtime, the First District Court of Appeal in San Francisco held in a unanimous decision.

Zelasko-Barrett referred the newspaper's request for comment to his lawyer, who wasn't immediately available.

A Metropolitan News-Enterprise article provides more details and Leagle provides a copy of the opinion.

Updated on Aug. 19 to link to Metropolitan News-Enterprise article and Leagle opinion copy.

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