Werstiuk

INTRODUCTION

Plaintiff James Werstiuk appeals after the trial court granted summary judgment in favor of his employer, defendant Jacobs Engineering Group, Inc. (Jacobs). Werstiuk asserted claims for failure to pay overtime wages pursuant to Labor Code section 1194 (failure to pay overtime claim), unlawful business practices in violation of Business and Professions Code section 17200 et seq. (the unlawful business practices claim), violation of Labor Code section 226, and intentional infliction of emotional distress. (All further statutory references are to the Labor Code unless otherwise specified.) We affirm. Werstiuk’s failure to pay overtime claim was premised on the allegation he was misclassified as an exempt employee. The undisputed evidence, however, showed that at all times during his employment, he was classified as nonexempt. Thus, the trial court properly granted summary judgment as to that claim as well as the unlawful business practices claim, which was based on his failure to pay overtime claim. Werstiuk’s claim for violation of section 226 was barred by the applicable one-year statute of limitations. Werstiuk’s evidence supporting his intentional infliction of…