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SKYLINE HOMES, INC. v. DEPT. OF INDUS. RELATIONS

Docket No. 33121.

165 Cal.App.3d 239 (1985)

211 Cal. Rptr. 792

SKYLINE HOMES, INC., et al., Plaintiffs and Appellants, v. DEPARTMENT OF INDUSTRIAL RELATIONS et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Two.

March 5, 1985.

Attorney(s) appearing for the Case

COUNSEL

Reid, Babbage & Coil, Reid & Hellyer, David G. Moore and Richard D. Roth for Plaintiffs and Appellants.

O'Melveny & Myers, Charles G. Bakaly, Jr., Robert A. Siegel, Victoria D. Stratman, Musick, Peeler & Garrett, Richard J. Simmons and Thomas E. Hill as Amici Curiae on behalf of Plaintiffs and Appellants.

H. Thomas Cadell, Jr., for Defendants and Respondents.

OPINION

MORRIS, P.J.

Appeal from an order granting summary judgment.

Facts

The facts of this case are not in dispute. Defendants, Johannes and Cozine, both salesmen employed by plaintiff Skyline Homes, Inc., worked what is commonly known as a fluctuating workweek which guarantees a fixed minimum salary to employees who work varying hours from week to week. Depending on factors such as business volume and the...

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