Campbell and Sobek, et al. v. Pricewaterhouse Coopers LLP

Case Updates

The Ninth Circuit held that unlicensed accountants can be excluded from California exemptions from mandatory overtime. In this case, a class of unlicensed accountants alleged that a public accounting firm misclassified them as exempt. The district court determined that the California wage orders and labor code were ambiguous and held that accountants must be CPA licensed in order to meet that state's learned professions exemption. In its brief, NCLC argued that the district court improperly expanded the definition of ‘supervision’ under California's Wage Order, and that the class members are exempt because they work in a learned profession.

NCLC urged the Ninth Circuit to hold that unlicensed accountants are exempt from overtime requirements under California law. In this case, a class of unlicensed accountants alleged that a public accounting firm misclassified them as exempt. The district court determined that the California wage orders and labor code were ambiguous and held that accountants must be CPA licensed in order to meet that state’s learned professions exemption. In its brief, NCLC argued that the district court improperly expanded the definition of “supervision” under California’s Wage Order, and that the class members are exempt because they work in a learned profession. The district court's erroneous ruling, if left to stand, will cast doubt on long-standing employment practices of thousands of employers.