Ann Juette, et al., Plaintiffs-appellees, v. the Regents of the University of California, a Publiccorporation, Defendant-appellant, 62 F.3d 1424 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 62 F.3d 1424 (9th Cir. 1995)

Argued and Submission Deferred Nov. 5, 1993. Submitted July 24, 1995. Decided July 27, 1995

Before: BROWNING, BEEZER, and TROTT, Circuit Judges.


The district court granted partial summary judgment in favor of plaintiffs, a class of administrative personnel at UCLA, holding that plaintiffs were not salaried employees within the meaning of the Fair Labor Standards Act ("FLSA"). In our recent opinion in Service Employees International Union, Local 102 v. County of San Diego, 35 F.3d 483 (9th Cir. 1994) (as amended and supplemented on July 19, 1995, we held that the salary basis test, 29 C.F.R. Sec. 541.118(a), as it existed prior to September 6, 1991, was invalid as applied to the public sector. Accordingly, we reverse the district court's grant of partial summary judgment and remand for further proceedings in light of that decision.



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