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Supreme Court of California


Duran v. U.S. Bank National Assn., S200923

In a wage and hour class action brought by plaintiff-loan officers for defendant, who sued for unpaid overtime, claiming they had been misclassified as exempt employees under the outside salesperson exemption, judgment in favor of plaintiffs is reversed and remanded, where: 1) a class action trial management plan must permit the litigation of relevant affirmative defenses, even when these defenses turn on individual questions; and 2) the trial court's flawed implementation of sampling of the work habits of 21 plaintiffs prevented defendants from showing that some class members were exempt and entitled to no recovery.

Appellate Information

  • Decided 05/29/2014
  • Published 05/29/2014

Judges

  • CORRIGAN

Court

  • Supreme Court of California

Counsel

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