Harris Feeding Co. v. Department of Industrial Relations

Introduction

The Department of Industrial Relations, Division of Labor Standards Enforcement (hereafter DLSE) is charged with enforcing occupational and industry-wide wage orders that are promulgated by the Industrial Welfare Commission (hereafter IWC) pursuant to Labor Code section 1171 et seq. The IWC has promulgated two wage orders, Wage Orders 4-80 and 14-80, whose applicability to the instant case are in issue. According to DLSE, Wage Order 4-80 applies to the wages, hours and working conditions of all persons employed in professional, technical, clerical, mechanical and similar occupations unless such person performs the occupation in an industry that is covered by an IWC industry order. Wage Order 14-80 allegedly applies to agricultural occupations that similarly are not covered by IWC industry Wage Orders 8-80 and 13-80. Order 4-80 requires that clerical employees be paid overtime after working eight hours per day. Order 14-80 does not require overtime pay until after the employee works 10 hours per day.

Historical Background

In Industrial Welfare Com. v. Superior Court (1980) 27 Cal.3d 690 [ 166 Cal.Rptr. 331 , 613 P.2d 579 ], the court gave the following…