But the impact of the “statement of basis” — a document expressing the IWC’s view of the law — may do little to clarify just what companies should be doing in respect to complying with state overtime statutes. While some employment defense attorneys hailed Monday’s statement as a victory, others contend that the action by the IWC was nothing short of illegal.
On Monday, the panel said 4-1 that a May interpretation of the eight-hour work day statute by Miles Locker, the former head of the Division of Labor Standards Enforcement, was wrong to say that an employee’s exempt status is based on a monthly test.
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