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CHINDARAH v. PICK UP STIX, INC.

No. G037190.

171 Cal.App.4th 796 (2009)

BOONCHAI CHINDARAH et al., Plaintiffs and Appellants, v. PICK UP STIX, INC., et al., Defendants and Respondents.

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

February 26, 2009.

Attorney(s) appearing for the Case

Gigliotti & Gigliotti, Joseph J. Gigliotti; Ginez, Steinmetz & Associates, Rudolfo Ginez and John F. Grotz for Plaintiffs and Appellants.

Shea Stokes Roberts & Wagner, Maria C. Roberts, Shirley A. Gauvin, Stacey M. Cooper; Shea Stokes and Arch Y. Stokes for Defendants and Respondents.

Employment Rights Attorneys and Richard D. Schramm for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiffs and Appellants.

O'Melveny & Myers, Scott H. Dunham, Apalla U. Chopra, Adam J. Karr and Andrew R. Escobar for The Employers Group as Amicus Curiae on behalf of Defendants and Respondents.

OPINION

SILLS, P. J.—

FACTS

In February 2003, two former employees of Pick Up Stix, Inc. (Stix), filed a complaint against their former employer alleging claims for unpaid overtime, penalties and interest due to the misclassification of their jobs as exempt from overtime pay. The complaint was amended in July 2003 to allege a proposed class action to recover unpaid overtime...

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