Stickles

Stickles v. Atria Senior Living, Inc.

Good Law
United States District Court, Northern District of CaliforniaDecember 27, 20213:20-cv-09220California6,268 words

Opinion

Trial Court Opinion

INTRODUCTION

18 In this wage-and-hour action, plaintiff George Stickles alleges defendants misclassified 19 his position as exempt from California overtime, meal break, and rest break rules under the 20 outside salesperson exemption. Plaintiff Stickles seeks to certify a class of former and current 21 employees in the same position whom defendants classified as exempt outside salespersons. 22 For the reasons that follow, this order CERTIFIES the following class: CSDs who did not sign 23 arbitration agreements and whom defendants classified as exempt outside salespersons from 24 the date plaintiff Stickles began his employment with defendants through September 29, 2019. 25 For now, certification applies solely to this issue: whether defendants properly classified CSDs 26 as exempt outside salespersons. Certification of the underlying wage-and-hour claims is HELD

A .

STATEMENT Plaintiffs George Stickles and Michele Rhodes each worked as a “Community Sales Director” for defendants, Atria Senior Living, Inc. and Atria Management Company, LLC. Plaintiff Stickles worked for defendants from April 2018 to August 2018, and…

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