Areso
Areso v. CarMax, Inc.
Opinion
Lead Opinion
Johnson, J.
Leena Areso appeals from the trial court’s grant of summary adjudication in favor of CarMax, Inc. (CarMax), in her class action lawsuit, which (among other causes of action) alleged violations of the Labor Code, including a failure to pay compensation for overtime. We affirm.
BACKGROUND
Areso began working for CarMax on June 23, 2004, as a sales consultant trainee, and until July 18, 2004, she was classified as an hourly employee and was eligible for overtime pay. 1 On July 19, 2004, CarMax promoted Areso to sales consultant, with the primary job of selling CarMax’s used vehicles, warranty plans, used vehicle appraisals, and vehicle accessories. CarMax classified Areso and other California sales consultants as “commissioned exempt salespersons.” Areso received payments based on the products and services she sold, with a minimum guaranteed base pay, but Areso was not paid overtime. Areso worked for CarMax until June 7, 2005.
Until February 1, 2005, CarMax paid Areso and other sales consultants under its national pay plan, which included a uniform dollar payment for each sale of a vehicle, lease, appraisal purchase (purchasing a used vehicle from a customer), and…