Glenn Leatherbury v. C&H Sugar Co.

MEMORANDUM

Glenn Leatherbury appeals the district court’s grant of summary, judgment in favor of his employer, C & H Sugar Company, Inc. and its parent company American Sugar Refining, Inc., on his claims of failure to pay overtime in violation of California Labor Code § 510, and for violations of the California Fair Employment and Housing Act (“FEHA”), California Government Code § 12940 et seq. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

1. The district court did not err in concluding that Leatherbury was exempt from California’s overtime wage requirements. See Cal. Labor Code §§ 510 , 515. First, the suggestions of supervisors (such as Leatherbury) were given “particular weight” in making decisions to hire, fire, promote, and change the status of employees. See In re United Parcel Serv. Wage & Hour Cases, 190 Cal.App.4th 1001 , 118 Cal.Rptr.3d 834, 842 (2010). Second, supervisors customarily and regularly exercised their discretion and independent judgment. Leatherbury had the authority to discipline union employees and to determine when someone would work overtime. He also addressed complaints and concerns raised by union employees. These decisions and…