DURAN v. U.S. BANK NATIONAL ASSN.

No. S200923.

59 Cal.4th 1 (2014)

172 Cal. Rptr. 3d 371

325 P.3d 916

SAMUEL DURAN et al., Plaintiffs and Respondents, v. U.S. BANK NATIONAL ASSOCIATION, Defendant and Appellant.

Supreme Court of California.

May 29, 2014.


Attorney(s) appearing for the Case

Carlton DiSante & Freudenberger, Carothers DiSante & Freudenberger, Timothy M. Freudenberger , Alison L. Tsao and Kent J. Sprinkle for Defendant and Appellant.

Horvitz & Levy, Jeremy B. Rosen and Robert H. Wright for Chamber of Commerce of the United States of America and Retail Litigation Center, Inc., as Amici Curiae on behalf of Defendant and Appellant.

Fred J. Hiestand ; Morrison & Foerster, Miriam A. Vogel , Janie F. Schulman and M. Natalie Naugle for California Business Roundtable, Civil Justice Association of California and California Bankers Association as Amici Curiae on behalf of Defendant and Appellant.

Deborah J. La Fetra and Christina M. Martin for Pacific Legal Foundation as Amicus Curiae on behalf of Defendant and Appellant.

Altshuler Berzon, Michael Rubin ; Jocelyn Larkin , Della Barnett and Michael Caesar for Impact Fund, AARP, Asian Law Caucus, Asian Pacific American Legal Center, Disability Rights Education & Defense Fund, Disability Rights Legal Center, National Consumer Law Center, Public Citizen, Inc., and Public Justice, P.C., as Amici Curiae on behalf of Defendant and Appellant.

Gibson, Dunn & Crutcher, Theodore J. Boutrous, Jr. , Theane Evangelis Kapur and Bradley J. Hamburger for National Association of Security Companies, California Association of Licensed Security Agencies, ABM Security Services Inc., AlliedBarton Security Services, G4S Secure Solutions (USA) Inc., and Securitas Security Services USA, Inc., as Amici Curiae on behalf of Defendant and Appellant.

Littler Mendelson, Allan G. King , Julie A. Dunne and Margaret Hart Edwards for The Gallup Organization as Amicus Curiae on behalf of Defendant and Appellant.

Paul Hastings, Paul Grossman , Paul W. Cane, Jr. , Sean D. Unger and Rishi N. Sharma for California Employment Law Council and Employers Group as Amici Curiae on behalf of Defendant and Appellant.

Shaw Valenza and D. Gregory Valenza for California Chamber of Commerce as Amicus Curiae on behalf of Defendant and Appellant.

Law Offices of Ellen Lake, Ellen Lake ; Lewis, Feinberg, Lee, Renaker & Jackson, Brad Seligman ; Wynne Law Firm, Edward J. Wynne and J.E.B. Pickett for Plaintiffs and Respondents.

Robbins Geller Rudman & Dowd and Kevin K. Green for Consumer Attorneys of California as Amicus Curiae on behalf of Plaintiffs and Respondents.

The Kralowec Law Group, Kimberly A. Kralowec ; Bryan Schwartz Law, Bryan J. Schwartz ; Cohelan Khoury & Singer, Michael D. Singer ; Rudy, Exelrod, Zieff & Lowe and Steven G. Zieff for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiffs and Respondents.


OPINION

CORRIGAN, J.

We encounter here an exceedingly rare beast: a wage and hour class action that proceeded through trial to verdict. Loan officers for U.S. Bank National Association (USB) sued for unpaid overtime, claiming they had been misclassified as exempt employees under the outside salesperson exemption. (Lab. Code, § 1171.) This exemption applies to employees who spend more than 50 percent of the workday engaged in sales...

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