Eicher

In a trial de novo in the superior court after an unsuccessful claim to the Labor Commissioner, Michael J. Eicher, a former employee of Advanced Business Integrators, Inc. (ABI), obtained judgment in his favor for unpaid overtime compensation, along with prejudgment interest and attorney’s fees. On appeal from the judgment, ABI asserts Eicher was an exempt administrative employee and was not entitled to overtime compensation. ABI also asserts the trial court’s award was excessive and the court erred in awarding attorney’s fees pursuant to Labor Code section 1194. We shall conclude (1) ABI did not carry its burden of establishing that Eicher was an exempt employee; (2) the damage award was excessive; and (3) the attorney’s fees award was authorized. We shall reverse the judgment with directions. We shall affirm the order awarding attorney’s fees and remand for the trial court to determine the amount of attorney’s fees for this appeal.

PROCEDURE

Eicher filed a claim with the Labor Commissioner for overtime compensation not paid to him while he worked at ABI. (§ 98.) After a hearing, the Labor Commissioner found in favor of ABI. In a written order, the Labor Commissioner…