Obbard v. State Bar of California
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The State Bar’s mandatory continuing legal education program, Business & Professions section 6070(c) exempts “[f]ull-time employees of the State of California, acting within the scope of their employment.” When the Bar implemented the continuing education program in 1992, two Bar employees informally concluded attorneys employed by the superior court were not exempt state employees. Obbard, a full-time research attorney at the Alameda County Superior Court, asserted that he was exempt. The Bar disagreed, acknowledging that superior courts are funded by the state but reasoning that Obbard’s paychecks are issued by the superior court (rather than the State Controller) and he is “covered by different labor rules and collective bargaining agreements.” The Bar has been inconsistent on this position.
The trial court and court of appeal agreed with Obbard. The principal common law test of an employment relationship is whether the employer has the right to supervise and control the work and to discharge the worker. The presiding judge of each superior court is a state officer, who controls the hiring, firing, and supervision of superior court employees, or delegates those duties to the court’s executive officer. The superior court is part of the state judicial branch, administered by the state Judicial Council, and funded through the state budget.
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