Complete Defense Verdict in Overtime Misclassification Trial

Complete Defense Verdict in Overtime Misclassification Trial

Plaintiff was a salaried Senior Revenue and Commissions Accountant for our client, a large, national company that provides businesses with broadband voice and data communications services.  Plaintiff was responsible for administering the company’s commissions payments to its internal sales representatives and external partners by validating sales data, interpreting the relevant sales contracts/commission plans, and resolving disputes regarding the accuracy of the representatives’ commission payments.  Plaintiff argued that his job was primarily data entry and clerical in nature, that he exercised no independent judgment and discretion, and that he followed set “procedures” and “templates” established by his immediate supervisor.  Plaintiff claimed he was therefore misclassified as an exempt employee and entitled to overtime compensation.   Plaintiff voluntarily dismissed his legal claims on the first day of trial and proceeded only on his Unfair Competition Law claim, which was tried to the court.  At trial, CDF persuaded the court that Plaintiff was exempt under the administrative, professional, and executive exemptions and that the doctrine of tacking of exemptions applied.  Accordingly, the court ruled for our client, determining that Plaintiff was not entitled to recover any allegedly unpaid overtime, and entering judgment in the employer’s favor.

Location

Superior Court of California, County of Santa Clara

Counsel

Alison L. Tsao

Related Industries

  • Technology & Telecommunications

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