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Administrative Law Keyed to Asimow
Craib v. Bulmash
Citation:
777 P.2d 1120 (1989)Facts
The Division of Labor Standards Enforcement is charged with enforcing California’s wage and hour laws. California law requires all employers to maintain certain employee identification and payroll records, with failure to do so constituting a misdemeanor. Bulmash was appointed trustee for his sister and employed attendants to care for her. After receiving a complaint from a former employee about failure to pay overtime wages, the Commissioner issued a subpoena directing Bulmash to produce time and wage records for all persons employed over the previous three-year period. When Bulmash failed to comply, the Commissioner sought court enforcement. Bulmash objected, arguing the subpoena was overbroad, burdensome, and issued without probable cause. The trial court ordered compliance, but the Court of Appeal reversed, finding that enforcement would violate Bulmash’s Fourth and Fifth Amendment rights.
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