KEYES MOTORS v. DIV. OF LABOR STD. ENFORCEMENT

Docket No. B023824.

197 Cal.App.3d 557 (1987)

242 Cal. Rptr. 873

KEYES MOTORS, INC., Plaintiff and Respondent, v. DIVISION OF LABOR STANDARDS ENFORCEMENT, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

December 31, 1987.


Attorney(s) appearing for the Case

COUNSEL

H. Thomas Cadell, Jr., for Defendant and Appellant.

Gilbert, Kelly, Crowley & Jennett, James G. Lewis and David G. Marcus for Plaintiff and Respondent.


OPINION

JOHNSON, J.

Keyes Motors sells and services automobiles. The Division of Labor Standards Enforcement of the Department of Industrial Relations (DLSE) administers and enforces Industrial Welfare Commission (IWC) orders. IWC Order 7-80 regulates wages in the mercantile industry. It exempts "commission" employees from the overtime compensation requirements of state labor laws. In 1982 DLSE determined Keyes's mechanics

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