Renna

Appellant, Sharyn Renna, was hired as a board member assistant to Fresno County Supervisor Stan Oken in July of 1992. Appellant was terminated from that position on December 1, 1996. After her termination, appellant filed a complaint against the County of Fresno (hereinafter County) claiming that the County had failed to pay her for approximately 8,344 hours of overtime during her four years of employment. Appellant’s complaint charged violations of both state and federal law. The first cause of action alleged the County failed to pay appellant overtime wages in violation of state labor laws. The second cause of action asserted such failure to pay was willful, entitling her to penalties under Labor Code section 203. The third cause of action averred the County’s failure to pay appellant overtime wages violated the Fair Labor Standards Act ( 29 U.S.C. § 201 et seq.) (hereafter FLSA).

The County moved for summary judgment on all three causes of action. The trial court found that appellant was not entitled to overtime wages under state law and, therefore, her first two causes of action were dismissed. The third cause of action was dismissed as well, the trial court finding…