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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For over 20 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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