Cora Bucklin v. Zurich American Insurance Co

Good Law
619 F. App'x 574
United States Court of Appeals for the Ninth CircuitJuly 20, 201513-56085California1,218 words

Opinion

Opinion

MEMORANDUM

I.Appellants Are Exempt Administra tive Employees

Appellants Cora Bucklin and Virginia Burton appeal the district court’s grant of summary judgment to appellee Zurich American Insurance Company (“Zurich”). The district court found that appellants were properly classified as exempt administrative employees. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

“We review a district court’s decision to grant summary judgment de novo.” Carver v. Holder, 606 F.3d 690, 695 (9th Cir.2010) (citation omitted). We therefore view the evidence in the light most favorable to the nonmoving party and determine “whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” Suzuki Motor Corp. v. Consumers Union of U.S., Inc., 330 F.3d 1110, 1131-32 (9th Cir.2003) (citation omitted).

To classify an employee under the administrative exemption, an employer must establish the following five elements:

See Campbell v. PricewaterhouseCoopers, LLP, 642 F.3d 820, 831 (9th Cir.2011) (citing Cal. Code Regs. tit. 8, § 11040 (1)(A)(2)).

Unlike the facts in Campbell , there are no genuine issues of material fact as to…

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