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SAMUEL v. ADVO, INC.

No. A115921.

66 Cal.Rptr.3d 622 (2007)

155 Cal.App.4th 1099

Tiffany SUMUEL et al., Plaintiffs and Appellants, v. ADVO, INC., et al., Defendants and Respondents.

Court of Appeal of California, First District, Division One.

October 1, 2007.

Attorney(s) appearing for the Case

Dumont Law Offices, Mary T. Dumont; Donald L. Tasto; Jay B. Koslofsky, Oakland, for Plaintiffs and Appellants.

Winston & Strawn, Jonathan M. Cohen, Krista M. Enns, San Francisco, for Defendants and Respondents.

MARGULIES, J.

Plaintiffs Tiffany Sumuel and Rudy Halim, on behalf of a class of employees and former employees of ADVO, Inc. (ADVO), sued ADVO and one of its managers for unpaid overtime compensation and monetary penalties. On cross-motions for summary judgment or summary adjudication, the trial court granted summary judgment to ADVO. The issue raised by this appeal is whether ADVO's paid disability leave policy and practices violated the "salary basis test" utilized...

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