Monday, May 3, 2010

Petition for Review Granted in Pellegrino v. Robert Half Internat., Inc.

On April 28, 2010, the California Supreme Court issued a grant and hold in Pellegrino v. Robert Half Internat., Inc., 182 Cal. App. 4th 87 (Cal. App. 4th Dist. 2010). As previously discussed in a post contained here, Pellegrino upheld a trial court order granting summary judgment in favor of several plaintiff sales account executives on the administrative exemption. As identified on the Supreme Court’s website, the issue on review concerns the broad question of whether the administrative exemption applies to this job classification – an issue presently fully briefed in Harris v. Superior Court, Cal. Supreme Court Case No, S156555:
Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court ordered briefing deferred pending decision in Harris v. Superior Court, S156555 (#07-443), which presents the following issue: Do claims adjusters employed by insurance companies fall within the administrative exemption (Cal. Code Regs, tit. 8, ? 11040) to the requirement that employees are entitled to overtime compensation?
Pellegrino may be found on the California Supreme Court's website here.  Harris may be found here.

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