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California Court of Appeal


Bains v. Dept. of Industrial Relations, 076700

In an action challenging two administrative rules that set forth different overtime pay rates for agricultural workers who harvest fruit and for those who process fruit for market, the latter of which receive more generous overtime pay, the trial court's judgment in favor of defendant is affirmed where the trial court correctly interpreted the relevant wage orders, because: 1) some workers harvest the prunes from the trees, whence they are transported to fixed structures where other workers process them for marketing by drying them; and 2) neither the fact the fixed structures abut the orchards nor the fact that the fruit must be dried in order to be marketed alters this distinction in function between the workers, a distinction the Department has determined merits a difference in providing overtime wages.

Appellate Information

  • Published 2016/02/16

Judges

  • DUARTE

Court

  • California Court of Appeal

Counsel

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