It’s a Strange New World in California for the Administrative Exemption

Readers of the blog know that the Ninth Circuit recently exalted the status of the administrative/production dichotomy as an analytical tool for assessing whether employees satisfy the FLSA’s administrative exemption test. In doing so, the Ninth Circuit has created a peculiar situation in which California employees may satisfy the state’s administrative exemption—which the California Division of Labor Standards Enforcement says “shall be construed in the same manner as … under the Fair Labor Standards Act”—but be found nonexempt under the FLSA. Strange days indeed.

Read the full blog post.