Sav-On Drug Stores, Inc. v. Superior Court

Righetti-Wynne, Matthew Righetti, and Edward J. Wynne, San Francisco; Daniels, Fine, Israel & Schonbuch, Scott A. Brooks, and Craig S. Momita, Los Angeles, for Real Parties in Interest.

Saperstein, Goldstein, Demchak & Bailer, David Borgen, and Laura L. Ho, Oakland, for Asian Pacific American Legal Center of Southern California, the Legal Aid Society of San Francisco—the Employment Law Center, La Raza Centro Legal, Inc., and the Women's Employment Rights Clinic—Golden Gate University School of Law as Amici Curiae on behalf of Real Parties in Interest.

CHARLES S. VOGEL, P.J.

Plaintiffs Robert Rocher and Connie Dahlin (plaintiffs) on behalf of themselves and others similarly situated brought this class action against defendant Sav-on Drug Stores, Inc. (defendant). Plaintiffs allege that defendant wrongfully failed to pay overtime wages to class members, consisting of current and former employees classified by defendant as operating managers (OM's) and assistant managers (AM's) of defendant's 300 retail stores and claimed by defendant to be managerial employees exempt from overtime wage laws. The trial court granted plaintiffs' motion for class certification. Defendant petitioned…