non-exempt

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Wang v. Chinese Daily News, 2013 WL 781715 (9th Cir. 2013)

Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards Act (FLSA) and California state law. The district court granted summary judgment in favor of the reporters, finding journalists are not subject to the creative professional exemption to the FLSA or California…

Hernandez v. Chipotle Mexican Grill, Inc., 2012 WL 3579567 (Cal. Ct. App. 2012)

Rogelio Hernandez appealed from the order denying his motion for class certification and granting Chipotle’s motion to deny class certification as to his claims that Chipotle denied non-exempt employees their meal and rest breaks. Chipotle moved to deny class certification on the ground that it had met its responsibility under California…

Christopher v. SmithKline Beecham Corp., 635 F.3d 383 (2011)

Michael Christopher and Frank Buchanan were employed as pharmaceutical sales representatives (“PSRs”) of SmithKline d/b/a GlaxoSmithKline (“Glaxo”) and were classified as outside salesmen exempt from the Fair Labor Standards Act. PSRs work outside of a Glaxo office and spend much of their time traveling to the offices of and working with physicians within their assigned…

Arenas v. El Torito Restaurants, Inc., 183 Cal. App. 4th 723 (2010)

The plaintiffs in this case are salaried managers at El Torito, El Torito Grill and Guadala Harry’s restaurants in California from May 2002 to the present. Plaintiffs alleged they were misclassified as employees exempt from overtime because they routinely spent more than half of their working hours performing duties delegated to non-exempt…