Litmon

BACKGROUND

In July 2012, Litmon filed a claim with the commissioner under Industrial Welfare Commission (IWC) Wage Order 9-2001, which generally provides for weekly overtime for hours worked in excess of 40 hours per week and daily overtime for hours worked in excess of eight hours per day. Litmon alleged he had been employed by Reliant and was owed overtime wages, severance pay, liquidated damages, and penalties. During his employment, Litmon drove buses to transport patrons to gambling casinos. In August 2012, Litmon was assigned additional duties and assumed the title of safety and compliance supervisor.

1 A hearing was held before the commissioner in April 2013. The commissioner ruled that Litmon was exempt from overtime requirements because (1) he fell within the executive exemption by performing duties such as conducting performance evaluations after being promoted; (2) he fell within the administrative exemption because he was “involved in Defendant’s general business operations, exercised discretion and independent judgment on a regular basis, and performed his duties under only general supervision”; and (3) his hours were governed by Title 13 of the California Code of…