Harris v. Investors' Bus. Daily, B178428
In a wage-and-hour class action, orders sustaining a demurrer to cause of action under Business and Professions Code section 17200 and granting summary adjudication of labor law claims are reversed where: 1) a federal FLSA claim may serve as the predicate act for a section 17200 cause of action; 2) plaintiff telemarketers did not earn commissions sufficient to exempt them from California overtime laws; and 3) defendants unlawfully deducted points plaintiffs had earned from sales if a customer later cancelled the subscription.
- Decided 03/29/2006
- Published 03/29/2006
- California Court of Appeal
- For Appellant:
- Thierman Law Firm, Mark R. Thierman; Law Offices of Eric M. Epstein, Eric M. Epstein, Los Angeles; Hoffman & Lazear, H. Tim Hoffman and Arthur Lazear, Oakland, for Plaintiff and Appellant.
- For Appellees:
- Law Office of Marjorie G. Fuller, Marjorie G. Fuller, Fullerton, Vicki Marolt Buchanan; Silver & Freedman, Belle C. Mason, Los Angeles, and Stephen M. Bernardo, for Defendant and Respondent.