Lujan
California School of Culinary Arts v. Lujan
Opinion
Opinion
Vogel, J.
INTRODUCTION
Appellants Arthur Lujan, as Labor Commissioner of the State of California, and the Division of Labor Standards Enforcement of the California Department of Industrial Relations appeal a summary judgment in favor of respondent California School of Culinary Arts declaring respondent is exempt from paying its instructor employees one and one-half times the regular rate of pay for hours worked in excess of eight hours in any one day. The issue before us is whether CSCA may avoid paying overtime on the ground that its instructors are within the “profession of teaching,” a category of employees exempted from overtime pay by Industrial Welfare Commission wage order 4-2001. We conclude CSCA’s teachers are exempt from the overtime requirement and therefore affirm the judgment.
BACKGROUND
DLSE is a division of the state Department of Industrial Relations authorized to enforce provisions of the Labor Code and orders, including wage orders, issued by the Industrial Welfare Commission (IWC). (Lab. Code, §§ 56, 95, & 1193.5, subd. (b).) Specific to the issue presented in this appeal is the application of IWC’s wage order 4-2001, exempting professional employees from…