Herrera v. F.H. Paschen/S.N. Nielsen, Inc.
Ralph Herrera and Paul Brenner filed this action against their former employers, F.H. Paschen/S.N. Nielson and Westcoast Corp. (collectively F.H. Paschen). In their complaint, Herrera and Brenner alleged that F.H. Paschen had committed various Labor Code violations. F.H. Paschen filed a motion for summary judgment in which it claimed that both Herrera and Brenner were exempt from the Labor Code provisions at issue, since they were persons employed in an administrative capacity, as defined in Industrial Welfare Commission Wage Order 16-2001 (Cal. Code Regs., tit. 8, 11160). The trial court granted F.H. Paschen's motion for summary judgment and subsequently entered judgment in favor of F.H. Paschen as to both Herrera and Brenner.
On appeal, Herrera and Brenner claim that the trial court erred in concluding that F.H. Paschen established, as a matter of law, that they were exempt employees. Court agree and reverse the judgment.
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