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HARRIS v. INVESTOR'S BUSINESS DAILY, INC.

No. B178428.

41 Cal.Rptr.3d 108 (2006)

138 Cal.App.4th 28

Toby HARRIS et al., Plaintiffs and Appellants, v. INVESTOR'S BUSINESS DAILY, INC., et al., Defendants and Respondents.

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

March 29, 2006.

Attorney(s) appearing for the Case

Thierman Law Firm, Mark R. Thierman; Law Offices of Eric M. Epstein, Eric M. Epstein, Los Angeles; Hoffman & Lazear, H. Tim Hoffman and Arthur Lazear, Oakland, for Plaintiff and Appellant.

Law Office of Marjorie G. Fuller, Marjorie G. Fuller, Fullerton, Vicki Marolt Buchanan; Silver & Freedman, Belle C. Mason, Los Angeles, and Stephen M. Bernardo, for Defendant and Respondent.

EPSTEIN, P.J.

In this wage-and-hour class action lawsuit, telemarketers who sold newspaper subscriptions alleged violations of federal and state labor laws. The principal issues on appeal are: (1) whether a federal Fair Labor Standards Act1 (FLSA) claim may serve as the predicate act for a California Business and Professions Code section 17200 (section 17200) cause of action; (2) whether the employees qualified for the commission exemption...

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