Staffing Firm Can’t Use Exemption to Skirt OT Pay Requirements

An IT staffing firm cannot use California wage laws’ administrative exemption to allow the company to skirt overtime pay requirements, a federal judge said.

Workers for TEKsystems Inc. won partial summary judgment on TEK’s administrative exemption affirmative defense, which asserts, among other things, that its recruiters are exempt from OT because they fall under the exemption for “administrative” employees.

"[A] reasonable trier of fact could not find TEK’s Recruiters meet all the requirements of California’s administrative exemption,” said Judge Jacqueline Scott Corley of the US District Court for the Northern District of California Monday.

Named plaintiffs Bo Avery, Kristy Camilleri, ...