Muldrow v. Surrex Solutions: Cal. Supreme Court Grants Review in Commission Sales Exemption Case

In Muldrow v. Surrex Solutions Corporation (1/24/12) 202 Cal.App.4th 1232 (blogged here), a recruiter sued his employer for failure to pay overtime and meal period compensation. The trial court (San Diego Superior, Judge Nugent) certified the class, and the case was tried to the court. The trial court found that the class members were subject to the commissioned employees exemption from the overtime requirements, that the employer provided meal periods to them, and it was not obligated to ensure that they took their meal periods.  The Court of Appeal affirmed.  

On March 5, 2012, the California Supreme Court granted review pending its decision in Brinker v. Superior Court (4/12/12) --- Cal.4th ---.  This brings the total number of Brinker grant-and-holds to eight: 

Brinkley v. Public Storage (Case No. S168806) 

Bradley v. Networkers International LLC (Case No. S171257) 

Faulkinbury v. Boyd & Associates (Case No. S184995)

Brookler v. Radioshack Corporation (Case No. S186357) 

Hernandez v. Chipotle Mexican Grill (Case No. S188755) 

Tien v. Tenet Healthcare (Case No. S191756) 

Lamps Plus Overtime Cases (Case No. S194064) 

Muldrow v. Surrex (Case No. S200557) 

The Court has not yet taken action on any of these matters.