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Saturday, October 27, 2012

Harris v. Superior Court (Liberty Mutual): California Supreme Court Denies Review of Administrative Exemption Decision, Grants Depublication

In Harris v. Superior Court (Liberty Mutual Ins. Co.) (2011) 53 Cal.4th 170 (discussed here), a unanimous California Supreme Court held that that the “administrative/production worker dichotomy” is not dispositive of the administrative exemption defense.

On remand (discussed here), the Court of Appeal held once again that the trial court erred in granting the defendants' motion to decertify the class and in denying the plaintiffs' motion for summary judgment on the administrative exemption defense.

Thank you to Kim Kralowec for pointing out on her blog that on Wednesday, the California Supreme Court denied the employer's petition for review of the most recent decision, but granted a depublication request filed by the California Employment Law Council.  

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