California Court of Appeal

In plaintiff's suit against his employer, United Parcel Service (UPS), seeking recovery of unpaid overtime compensation, penalties for missed meal and rest periods, and other related claims, trial court's grant of UPS's motion for summary judgment on the grounds that plaintiff was exempt executive and administrative employee and therefore not entitled to overtime payments and the related benefits given to nonexempt employees, is affirmed where: 1) there is no material triable issue concerning applicability of the executive exemption as, based on the undisputed evidence, plaintiff was clearly and unmistakably an executive employee within the meaning of Wage Order 9 and as such, properly classified as exempt; and 2) there is no material triable issue of fact as to the applicability of the administrative exemption as, there is no dispute as to salary and general supervision elements, plaintiff was primarily engaged in work directly related to the management policies or general business operations of UPS, and customarily and regularly exercised discretion and independent judgment within the meaning of Wage Order 9.

Appellate Information

• Decided 12/09/2010
• Published 12/09/2010

Judges

• GRIMES

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• John A. Furutani, Katherine C. Huibonhoa