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Wednesday, April 28, 2010

California Supreme Court Grants Review in Pellegrino I

A couple of months ago we posted on Pellegrino v. Robert Half Intern., Inc. (February 25, 2010) 182 Cal.App.4th 87, 104 Cal.Rptr.3d 790 ("Pellegrino I"), which held, inter alia, that substantial evidence supported the trial court's finding that the administrative exemption did not apply to the plaintiffs. Our post on Pellegrino I is here.
A unanimous California Supreme Court today granted the employer's petition for review:
The petition for review is granted. Further action in this matter is deferred pending consideration and disposition of a related issue in Harris v. Superior Court (Liberty Mutual), S156555 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court.
Harris has been on our watch list, and our post on it is here. I don't anticipate a substantive decision from the Court on Pellegrino I - since the Court has deferred briefing, I assume it will remand for reconsideration of the exemption issue when it issues Harris - and I will not add it to our Supreme Court watch list. The Supreme Court's docket is here

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