California Court of Appeal

The trial court's finding that plaintiff employee was exempt from overtime is reversed, where: 1) defendant's compensation scheme based solely upon the number of hours worked, with no guaranteed minimum, cannot be considered a "salary" within the meaning of the pertinent wage and hour laws; and as such, 2) the payment schedule is not a salary and, therefore, does not qualify the plaintiff employee as exempt from overtime pay.

Appellate Information

• Decided 05/16/2013
• Published 05/16/2013

Judges

• PREMO

Court

• California Court of Appeal

Counsel