California Labor &
Employment Law Blog

Nov. 6 2012

California Supreme Court Depublishes Unfavorable Administrative Exemption Decision

Topics: Court Decisions, Wage & Hour Issues

As readers of the blog may recall, the California Supreme Court issued a decision last year on the administrative exemption in Harris v. Liberty Mutual.  The Supreme Court's decision was a positive one for California employers in that it curtailed the importance of the "administrative-production worker" dichotomy that had at times been relied on by California courts to find the administrative exemption inapplicable to classes of workers.  The Supreme Court did not decide whether the classes of employees involved in the Harris case--claims adjusters--were administratively exempt or not, but instead remanded the issue to the lower court to decide.  Well, on remand a California court of appeal issued a terrible decision, finding that several categories of claims adjusters did not qualify for the administrative exemption as a matter of law.  My prior post on the case is here.  As predicted, Liberty Mutual again petitioned for review before the California Supreme Court.  Last week, the Court denied the petition for review but issued an order depublishing the case.  (See here.)  Great news for California employers.  The unfavorable Harris decision is no longer citable and no longer precedent. 

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About the Editor

Robin Largent represents employers, including major food and retail companies, in all types of employment litigation: wrongful termination, retaliation, breach of contract, wage and hour (California Labor Code) and unfair competition. She also regularly counsels and advises California employers on issues of compliance with California and federal employment laws.
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