California Court of Appeal

In a collective action alleging nonpayment of overtime, as required by state law under Labor Code section 510 and federal law under the Fair Labor Standards Act of 1938 (FLSA) 29 U.S.C. section 201, et seq., the trial court's judgment is: 1) reversed as to the order sustaining the demurrer without leave to amend; but 2) affirmed as to judgment for defendant on the FLSA claim, where defendant proved the amusement or recreational exemption, 29 U.S.C. section 213(a)(3), as an affirmative defense.

Appellate Information

• Published 2016/07/12

Judges

• AARON

Court

• California Court of Appeal

Counsel