Service Employees International Union, Local 102 Probation Officers Association Roslinda Arellanes Teresa Ayala Renee U. Bonner v. County of San Diego

Employees of the County of San Diego sued the County of San Diego (“County”), claiming it failed to pay overtime compensation in accordance with the Fair Labor Standards Act (“FLSA”). 29 U.S.C. §§ 201-219 . The district court issued three orders granting partial summary judgment for plaintiffs. See Service Employees Int’l Union, Local 102 v. County of San Diego, 784 F.Supp. 1503 (S.D.Cal.1992). The court held that plaintiffs were not exempt from FLSA coverage and that, as a matter of law, plaintiffs were entitled to overtime compensation for on-site back-up duty. The County appeals, arguing the FLSA exemption should have precluded liability and that the employees’ on-site stand-by time was not “work” as a matter of law.

We hold that the version of the “salary test” in existence prior to September 6, 1991 was invalid in its entirety as applied to the public sector. Thus, we reverse and remand to the district court for further proceedings consistent with this opinion.

I

County assistant deputy probation officers (“ADPOs”), nurses, and park rangers filed this suit against the County, claiming the County violated the FLSA by failing to pay them overtime for “on-site back-up duty,”…