Arenas

Arenas v. El Torito Restaurants, Inc.

Good Law
108 Cal. Rptr. 3d 15·183 Cal. App. 4th 723·2010 Cal. App. LEXIS 474
Court of Appeal of CaliforniaMarch 15, 2010B211301California4,759 words

Opinion

Opinion

Weisman, J.

I. INTRODUCTION

Plaintiffs, Hermilo Arenas et al., on behalf of themselves and others similarly situated, appeal from an order denying a motion to certify a class of restaurant managers allegedly misclassified as exempt from overtime wage laws. The defendants are El Torito Restaurants, Inc., and Real Mex Restaurants, Inc. We find no abuse of discretion. We conclude the trial court could properly rule the action was not suitable for class treatment because the common questions of law and fact did not predominate over individualized issues. Accordingly, we affirm the order.

H. BACKGROUND

A. Exempt Employees

Overtime pay is required under Labor Code section 510, subdivision (a). (Sav-On Drug Stores, Inc. v. Superior Court (2004) 34 Cal.4th 319, 324 [ 17 Cal.Rptr.3d 906 , 96 P.3d 194 ].) However, the Industrial Welfare Commission is authorized to establish exemptions from the requirement. (Lab. Code, § 515, subd. (a).) An exempt employee does not earn overtime pay. Labor Code section 515, subdivision (a) states: “The Industrial Welfare Commission may establish exemptions from the requirement that an overtime rate of compensation be paid pursuant to Sections 510 and 511…

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