CALIFORNIA LABOR FED'N v. Industrial Welfare Com.

Good Law
63 Cal. App. 4th 982·74 Cal. Rptr. 2d 397
Court of Appeal of CaliforniaMay 7, 1998A079402California6,506 words

Opinion

Opinion

Appellants the California Labor Federation, AFL-CIO, a union officer, and individual employees (collectively CLF) contend the trial court erred in concluding that the Industrial Welfare Commission (IWC) acted properly when the IWC amended certain of California's overtime pay requirements, to make those overtime rules more closely comply with the provisions of federal law. Specifically, CLF contends the IWC erred in generally adopting the federal rule that overtime should be paid to employees when they work more than 40 hours per week, rather than after 8 hours on each workday. CLF contends the IWC exceeded the scope of its legal authority, because CLF contends certain sections of the Labor Code will become inoperative or moot as a result of the IWC's action. CLF also contends the IWC could not amend its overtime rules, because the Legislature had previously declined to do so. In addition, CLF contends the IWC orders are not supported by an adequate statement of the basis for the IWC action. Finally, CLF contends the IWC could not eliminate the eight-hour overtime rule because the rule had previously existed, subject to various changing exceptions, for…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.