Gieg v. DRR, Inc., 407 F.3d 1038 (9th Cir. 2005)

Plaintiffs in this case are finance and insurance managers of retail automobile dealerships who claimed they were entitled to overtime under the federal Fair Labor Standards Act. The employers contended the managers were exempt from overtime on the ground that at least half their compensation was derived from commissions. The managers received commissions based on the sale of insurance policies and extended warranties, but not on vehicle sales. The district court granted the managers’ motion for summary judgment, but the Ninth Circuit reversed, holding that the managers were exempt from overtime even though their commissions were not based on vehicle sales. Cf. Pioneer Electronics (USA), Inc. v. Superior Court, 128 Cal. App. 4th 246 (2005) (identifying information about putative class members may not be disclosed to plaintiff absent affirmative consent from each).