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Thursday, March 29, 2012

Supreme Court Cleans House After Harris v. Superior Court

In Harris v. Superior Court (2011) 53 Cal.4th 170, the Supreme Court held that the administrative / production worker dichotomy is not dispositive in cases involving the administrative exemption from California's overtime requirements.

On February 29, 2012, the California Supreme Court cleared its docket of two cases in which it had granted review pending Harris.

In Pellegrino v. Robert Half Intern., Inc. (2010) 182 Cal.App.4th 87 ("Pellegrino I"), the Court of Appeal held, inter alia, that substantial evidence supported the trial court's finding that the administrative exemption did not apply to the plaintiffs. The Supreme Court granted review pending Harris. On February 29, the Court transferred Pellegrino back to the Court of Appeal for reconsideration in light of Harris. I find this a little odd because the Court of Appeal did not rely on the administrative / production worker dichotomy.  

In Hodge v. AON Insurance Services (2011) 192 Cal.App.4th 1361, the Court of Appeal affirmed a judgment after bench trial holding that the defendant did not violate the Unfair Competition Law in classifying a class of insurance adjusters as exempt employees.  On February 29, the Supreme Court dismissed the case.   It also denied an amicus request for an order directing republication of the Court of Appeal's original decision.  

1 comment:

  1. Thanks for the read! I was doing research online on the subject of California overtime for law school when I came across your blog. This case sounds like a interesting one. I need to educate myself on the subject even more so I have a better understanding on everything and can hopefully defend cases like this myself!


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