Taylor

Taylor v. United Parcel Service Inc.

Good Law
118 Cal. Rptr. 3d 834·190 Cal. App. 4th 1001·2010 Cal. App. LEXIS 2073·17 Wage & Hour Cas.2d (BNA) 307
Court of Appeal of CaliforniaDecember 9, 2010No. B225089California10,128 words

Opinion

Lead Opinion

Grimes, J.

Plaintiff and appellant David Taylor (Taylor) brought an action against his employer, defendant and respondent United Parcel Service, Inc. (UPS), seeking recovery of unpaid overtime compensation, penalties for missed meal and rest periods, and other related claims. 1 UPS successfully moved for summary judgment on the grounds Taylor was an exempt executive and administrative employee and therefore not entitled to overtime payments and the related benefits afforded nonexempt employees. Taylor appeals, contending there are material triable issues as to whether he was misclassified as exempt. Because we conclude the trial court correctly granted summary judgment, we affirm.

DISCUSSION

1. Standard of review.

The standard of review of an order granting summary judgment is well established. Our review is de novo. (Guz v. Bechtel National, Inc. (2000) 24 *1009 Cal.4th 317, 334 [ 100 Cal.Rptr.2d 352 , 8 P.3d 1089 ].) We independently review the entire record, except as to evidence to which objections were timely made and sustained, in the same manner as the trial court. (Ibid.) First, we review the issues framed by the operative pleadings to determine the scope of material…

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