California School of Culinary Arts v. Lujan

Opinion

VOGEL, P. J.

INTRODUCTION

Appellants Arthur Lujan, as Labor Commissioner of the State of California, and the Division of Labor Standards Enforcement of the California Department of Industrial Relations appeal a summary judgment in favor of respondent California School of Culinary Arts declaring respondent is exempt from paying its instructor employees one and one-half times the regular rate of pay for hours worked in excess of eight hours in any one day. The issue before us is whether CSCA may avoid paying overtime on the ground that its instructors are within the “profession of…