Legal Opinion
Harris v. Investor's Business Daily, Inc.
California Court of Appeal
Decided March 29, 2006No. B178428PublishedCited by 13 opinions
1Opinion of the Court
Opinion
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 Act (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 from California overtime laws; and (3) whether the employer lawfully deducted points employees had earned from a sale if the customer later cancelled…
2Cases cited30 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Hoffmann-La Roche Inc. v. SperlingSupreme Court of the United States · 1990
- Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
- Crosby v. National Foreign Trade CouncilSupreme Court of the United States · 2000
- Freightliner Corp. v. MyrickSupreme Court of the United States · 1995
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3Cited by13 opinions
- Murillo v. Pacific Gas & Electric Co.District Court, E.D. California · 2010
- Viggiano v. Hansen Natural Corp.District Court, C.D. California · 2013
- Wang v. Chinese Daily News, Inc.Court of Appeals for the Ninth Circuit · 2010
- Koehl v. Verio, Inc.California Court of Appeal · 2006
- DeLeon v. Verizon Wireless, LLCCalifornia Court of Appeal · 2012
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