34 Cal. 4th 319, *; 96 P.3d 194, **; 17 Cal. Rptr. 3d 906, ***; 2004 Cal. LEXIS 7806 SAV-ON DRUG STORES, INC., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELESCOUNTY, Respondent; ROBERT ROCHER et al., Real Parties in Interest. S106718 SUPREME COURT OF CALIFORNIA 34 Cal. 4th 319; 96 P.3d 194; 17 Cal. Rptr. 3d 906; 2004 Cal. LEXIS 7806; 9 Wage & Hour Cas.2d (BNA) 1692; 149 Lab. Cas. (CCH) P59,887; 2004 Cal. Daily Op. Service 7902; 2004 DailyJournal DAR 10627August 26, 2004, FiledPRIOR HISTORY: Superior Court of Los Angeles, No. BC227551. Irving S. Feffer, Judge. Courtof Appeals, Second Dist., Div. Four, No. B152628.Sav-On Drug Stores, Inc. v. Superior Court, 97 Cal. App. 4th 1070 [118 Cal. Rptr. 2d 792, 2002 Cal. App. LEXIS 3710] (Cal. App. 2d Dist., 2002)DISPOSITION: Judgment of the Court of Appeal reversed.CASE SUMMARYPROCEDURAL POSTURE: Plaintiff employees filed a petition for review from a writ of mandate issued by the Court of Appeals of California Second Appellate District, Division Four, which commanded the trial court to vacate its order granting class certification and to enter a new and different order denying class certification in the employees' action alleging violation by defendant employer of the overtime statutes, Cal. Lab. Code § 1194 et seq., and other laws.JUDGES: Werdegar, J., with George, C. J., Kennard, Baxter, Chin, and Moreno, JJ., concurring. Concurring opinion by Brown, J.OPINIONBY: WERDEGAROPINION:[**197] [***909] WERDEGAR, J.--The question presented is whether the trial court abused its discretion in certifying [***910] as a class action this suit for recovery of unpaid overtime compensation. We conclude it did not and accordingly reverse the judgment of the Courtof Appeal.BackgroundPlaintiffs Robert Rocher and Connie Dahlin, on behalf of themselves and others similarly [**198]situated, brought this action against defendant Sav-on Drug Stores, Inc., a drugstore chain. The operative second amended complaint alleges violation of the overtime statutes (Lab. Code, § 1
1194 et seq.) and the unfair competition law (Bus. & Prof. Code, § 17200 et seq.), as well as conversion, for which plaintiffs seek damages and injunctive and declaratory relief. Underlying each cause of action are factual allegations that defendant misclassified as exempt from the overtime laws and failed to pay overtime compensation owed to plaintiffs and similarly situated employees who worked during the relevant period at defendant's retail stores in California.The Legislature has commanded that HN1"[a]ny work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek ... shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee." (Lab. Code, § 510, subd. (a).) The Industrial Welfare Commission (IWC), however, is statutorily authorized to HN2"establish exemptions from the requirement that an overtime rate of compensation be paid ... for executive, administrative, and professional employees, provided [inter alia] that the employee is
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Term
Spring
Professor
PWAGNER
Tags
Trial court