The First Appellate District affirmed a judgment. The court held that a non-attorney law school graduate who worked as a law clerk at a law firm was employed in a professional capacity and was therefore not entitled to overtime wages and other benefits ordinarily provided for non-exempt employees.
After Matthew Zelasko-Barrett graduated from law school, and prior to passing the bar examination, he was employed by the law firm of Brayton-Purcell LLP as a “Law Clerk II.” As a Law Clerk II, he performed tasks customarily performed by junior attorneys. Although he was supervised by a licensed attorney and did not sign his name to pleadings, he drafted pleadings and discovery demands and responses, did legal research and drafted memoranda of points and authorities and supporting declarations, interviewed witnesses, assisted in deposition preparation and interacted with opposing counsel concerning discovery issues.
