On July 23, 2012, in Harris v. Superior Court (Liberty Mutual Ins. Co.), a case that the California Supreme Court previously had reversed and remanded, the California Court of Appeal stuck by its prior conclusion and held that insurance claims adjusters do not qualify for the administrative exemption from overtime pay requirements.
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Tags: administrative exemption, overtime claims, HR Allen Consulting Services, HR Informant, California Court of Appeals, California Supreme Court
On July 2, 2012, the California Court of Appeal affirmed a trial court ruling denying class certification to a group of newspaper carriers claiming they were misclassified as independent contractors. In Sotelo v. Medianews Group, Inc., the Court of Appeal concluded that plaintiffs’ proposed class of newspaper carriers could not be certified because the class was not ascertainable and common issues of law and fact did not predominate.
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Tags: HR Allen Consulting Services, HR Informant, independent contractors, California Court of Appeals, misclassification
Commissioned sales is one of the few areas in which California law is arguably more favorable to employers than the FLSA or laws of other states. Specifically, California law recognizes an exemption from overtime for sales employees in many industries, provided they are primarily engaged in sales, earn at least one and one half times the minimum wage, and more than half of their income comes from commission earnings.
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Tags: California Court of Appeals, Overtime, commissioned sales, exemptions
The California Court of Appeal has issued a published decision holding that denial of class certification in one lawsuit may not prevent similar class action claims in a later lawsuit. On January 18, 2012, inBridgeford v. Pacific Health Corporation, the court expressly disagreed with a prior Court of Appeal decision from the same district that held collateral estoppel could prevent class actions that are similar to prior cases where class certification was denied.
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Tags: class certification, collateral estoppel, California Court of Appeals