Get Adobe Flash player

Case 513cv00646JGBSP Document 67 Filed 051815 Page 1 of 29 Page ID 4072 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTESGENERAL Case No. EDCV 130646 JGB SPx Date May 18, 2015

Case 513cv00646JGBSP Document 67 Filed 051815 Page 2 of 29 Page ID 4073 had been properly classified as exempt from overtime requirements under California law. Answer 25. Plaintiff filed a motion fo

Case 513cv00646JGBSP Document 67 Filed 051815 Page 3 of 29 Page ID 4074 Defendant filed its reply brief on March 30, 2015, Reply, Doc. No. 58, along with the following documents Reply to Plaintiffs

Case 513cv00646JGBSP Document 67 Filed 051815 Page 4 of 29 Page ID 4075 II. LEGAL STANDARD A motion for summary judgment shall be granted when there is no genuine issue as to any material fact and th

Case 513cv00646JGBSP Document 67 Filed 051815 Page 5 of 29 Page ID 4076 III. DISCUSSION Defendant moves for summary judgment, arguing that class members are properly classified as exempt from Califor

Case 513cv00646JGBSP Document 67 Filed 051815 Page 6 of 29 Page ID 4077 pattern, device or compilation of information which is used in ones business, and which gives him an opportunity to obtain an a

Case 513cv00646JGBSP Document 67 Filed 051815 Page 7 of 29 Page ID 4078 With regard to Defendants other evidentiary objections, the Court has not found it necessary to rely on the evidence at issue.5

Case 513cv00646JGBSP Document 67 Filed 051815 Page 8 of 29 Page ID 4079 Defendants Workers Compensation Corporate Best Practices document provides guidance and instruction to Adjusters by defining th

Case 513cv00646JGBSP Document 67 Filed 051815 Page 9 of 29 Page ID 4080 objective indicators of fraud and then submitted information to higher ups, who decide whether to engage an investigation unit

Case 513cv00646JGBSP Document 67 Filed 051815 Page 10 of 29 Page ID 4081 claimants injury, education, age, work experience, attitude, and physical condition, as well as the employers attitude, the qu

Case 513cv00646JGBSP Document 67 Filed 051815 Page 11 of 29 Page ID 4082 negotiate the settlements, but Adjusters are instructed not to cede control to the attorneys. SUF 7475. 3. Supervision Every

Case 513cv00646JGBSP Document 67 Filed 051815 Page 12 of 29 Page ID 4083 The parties further dispute whether claims supervisors had access to, and actually accessed, Adjusters email. Ponta stated tha

Case 513cv00646JGBSP Document 67 Filed 051815 Page 13 of 29 Page ID 4084 a. California Administrative Exemption Generally, under the California Labor Code, employers are required to pay overtime to a

Case 513cv00646JGBSP Document 67 Filed 051815 Page 14 of 29 Page ID 4085 only general supervision work along specialized or technical lines requiring special training, experience, or knowledge8 4 the

Case 513cv00646JGBSP Document 67 Filed 051815 Page 15 of 29 Page ID 4086 physicians inspecting property damage reviewing factual information to prepare damage estimates evaluating and making recommen

Case 513cv00646JGBSP Document 67 Filed 051815 Page 16 of 29 Page ID 4087 Accordingly, the Court applies the analytical framework set out by the California Supreme Court in Harris. The Court looks to

Case 513cv00646JGBSP Document 67 Filed 051815 Page 17 of 29 Page ID 4088 29 C.F.R. 541.205b 2000 emphasis added. As described above, Adjusters engage in nonmanual work which includes developing plan

Case 513cv00646JGBSP Document 67 Filed 051815 Page 18 of 29 Page ID 4089 consultants is ordinarily doing work of substantial importance to the management or operation of a business. 2 An employee per

Case 513cv00646JGBSP Document 67 Filed 051815 Page 19 of 29 Page ID 4090 substantial importance to the management or operation of a business. However, 29 C.F.R. 541.205c5 2000 also states that claim

Case 513cv00646JGBSP Document 67 Filed 051815 Page 20 of 29 Page ID 4091 b. Discretion and Independent Judgment on Matters of Significance The second prong of the administrative exemption test requir

Case 513cv00646JGBSP Document 67 Filed 051815 Page 21 of 29 Page ID 4092 The parties also dispute the degree of discretion involved in making recommendations as to whether to accept a particular insu

Case 513cv00646JGBSP Document 67 Filed 051815 Page 22 of 29 Page ID 4093 e Final decisions not necessary. 1 The term discretion and independent judgment . . . does not necessarily imply that the deci

Case 513cv00646JGBSP Document 67 Filed 051815 Page 23 of 29 Page ID 4094 ii. Skill versus Discretion Plaintiff also asserts that Adjusters merely use skill in applying specific standards and do not

Case 513cv00646JGBSP Document 67 Filed 051815 Page 24 of 29 Page ID 4095 a product manufactured to specifications, but these recommendations are based on the development of the facts as to whether th

Case 513cv00646JGBSP Document 67 Filed 051815 Page 25 of 29 Page ID 4096 order. Id. Thus the Court of Appeal recognized a distinction between situations in which government regulations or internal em

Case 513cv00646JGBSP Document 67 Filed 051815 Page 26 of 29 Page ID 4097 exercise of discretion and independent judgment at so high a level. The regulations . . . also contemplate the kind of discret

Case 513cv00646JGBSP Document 67 Filed 051815 Page 27 of 29 Page ID 4098 SUF 106. As explained above, however, the parties dispute the extent and purpose of the supervision of Adjusters work. Plaint

Case 513cv00646JGBSP Document 67 Filed 051815 Page 28 of 29 Page ID 4099 alleges that the supervision at issue was pervasive and extended to virtually all areas of an Adjusters work, the Court also c

Case 513cv00646JGBSP Document 67 Filed 051815 Page 29 of 29 Page ID 4100 break, an employer need not ensure that employees take their meal breaks and dont perform work during them. Brinker Rest. Corp

Share