California Court of Appeal

In a suit brought on behalf of a class of employees and former employees against defendant-employer and one of its managers for unpaid overtime compensation and monetary penalties, summary judgment for the employer is affirmed where: 1) the evidence showed, at most, a triable issue of material fact with respect to whether defendant took salary deductions for full-day absences when employees went out on disability leave after working a partial week; but 2) there was no triable issue of material fact, under either federal or state law, with respect to whether such deductions were taken in accordance with a bona fide plan, policy, or practice of providing compensation for loss of salary caused by disability.

Appellate Information

• Decided 10/01/2007
• Published 10/01/2007

Judges

• MARGULIES, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Dumont Law Offices, Mary T. Dumont;  Donald L. Tasto;  Jay B. Koslofsky, Oakland, for Plaintiffs and Appellants.


• For Appellees:
  
• Winston & Strawn, Jonathan M. Cohen, Krista M. Enns, San Francisco, for Defendants and Respondents.