John Paul MURPHY, Plaintiff and Respondent,
v.
KENNETH COLE PRODUCTIONS, INC., Defendant and Appellant.
Court of Appeals of California, First District, Division One.https://leagle.com/images/logo.png
December 2, 2005.
December 2, 2005.
Attorney(s) appearing for the Case
Seyfarth Shaw LLP, Robert W. Tollen, San Francisco, George E. Preonas, Los Angeles, for Defendant and Appellant Kenneth Cole Productions, Inc.
Law Offices of Steven Drapkin, Steven Drapkin, Los Angeles, for the California Employment Law Council, the California Chamber of Commerce, the California Restaurant Association, the Airline Industrial Relations Conference and the California Lodging Industry Association, as Amici Curiae on behalf of Defendant and Appellant.
Hastings College of Law Civil Justice Clinic, Donna M. Ryu, Miye A. Goishi, for Plaintiff and Respondent, John Paul Murphy.
Weinberg, Roger & Rosenfeld, David A. Rosenfeld, Oakland, Suzanne M. Murphy, Patricia Gates, Los Angeles, Anne I. Yen, Oakland, Jessica Christensen, for the California Labor Federation, AFL-CIO, International Association of Machinists and Aerospace Workers, District Lodge 725, AFL-CIO, as Amici Curiae on behalf of Plaintiff and Respondent, John Paul Murphy.
Cohelan & Khoury, Michael D. Singer, the California Employment Lawyers Association, as Amicus Curiae on behalf of Plaintiff and Respondent, John Paul Murphy.
Cynthia L. Rice, Santa Rosa, California Rural Legal Assistance, Inc. as Amicus Curiae for Rocio Zetina, and Michael Gaitley, Legal Aid Society — The Employment Law Center, as Amici Curiae for the Asian Law Caucus, Inc., the Asian Pacific American Legal Center of Southern California, Golden Gate Women's Employment Rights Clinic, La Raza Centro Legal, the Stanford Community Law Clinic, Katharine & George Alexander Community Law Center, on behalf of Plaintiff and Respondent, John Paul Murphy.
Court of Appeals of California, First District, Division One.
MARCHIANO, P.J.
Kenneth Cole Productions, Inc., (KCP) owner of small, upscale retail clothing stores, appeals from a judgment and a subsequent order regarding attorney fees in its appeal de novo of a decision of the California Labor Commissioner (Labor Commissioner).
On appeal, KCP raises issues regarding classification of plaintiff John Paul Murphy as a nonexempt employee, the court's jurisdiction to hear claims not raised before the Labor Commissioner, and...
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