David Heffelfinger v. Electronic Data Systems Corporation

MEMORANDUM **

Plaintiffs David Heffelfinger, Andrew Hinds, and Rodney Dwyre contend that they and other IT worker class members are not administratively exempt, CaLCode Regs. tit. 8, § 11040(1)(A)(2), from California wage law requiring that Defendant EDS pay them overtime compensation, see Cal. Lab.Code § 510. We affirm the district court’s grant of summary judgment to EDS as to Heffelfinger and Hinds, reverse as to Dwyre, and remand for further proceedings.

I. The Administrative Exemption

We note, initially, that we do not rely on the 2004 FLSA regulations to interpret California’s administrative exemption. The exemption expressly incorporates FLSA regulations effective as of 2001, see CaLCode Regs. tit. 8, § 11040(l)(A)(2)(f), and California’s Industrial Welfare Commission (“IWC”) has clarified, with respect to Wage Order 4-2001, that “ ‘only those federal regulations specifically cited in its wage orders, and in effect at the time of promulgation of these wage orders, ... apply in defining exempt duties under California law.’ ” Harris v. Superior Court, 53 Cal.4th 170, 180 , 135 Cal.Rptr.3d 247 , 266 P.3d 953 (2011) (final emphasis added) (quoting IWC, Statement as to the…

concurring in part and dissenting in part:

I agree with the majority as to Heffel-finger and Hinds. Because I see no significant distinction between Dwyre and the other two plaintiffs, I dissent as to Dwyre. The case presents a complicated issue and I think the trial judge got it right.

FILED

NOT FOR PUBLICATION JUN 07 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

DAVID HEFFELFINGER, on behalf of No. 08-56319 himself, the general public and all other similarly situated; ANDREW HINDS, on D.C. No. 2:07-cv-00101-MMM-E behalf of himself, the general public, and all others similarly situated; RODNEY DWYRE, on behalf of himself, the general MEMORANDUM * public, and all others similarly situated,

Plaintiffs - Appellants,

v.

ELECTRONIC DATA SYSTEMS

CORPORATION, a Delaware corporation,

Defendant - Appellee.

DAVID HEFFELFINGER, on behalf of No. 08-56384 himself, the general public and all other similarly situated; ANDREW HINDS, on D.C. No. 2:07-cv-00101-MMM-E behalf of himself, the general public, and all others similarly situated; RODNEY DWYRE, on behalf of himself, the general public, and all others similarly situated,

Plaintiffs - Cross/Appellees,

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. v.

ELECTRONIC DATA…