Published Opinion Granting Plaintiffs’ Summary Judgment Against Hershey

In 2008, three former Retail Sales Representatives (RSRs) brought this wage and hour action against defendant. They alleged defendant misclassified them as exempt employees, denying them compensation for the overtime hours they had worked. Defendant denied these allegations, asserting that plaintiffs’ employment position satisfies the exemptions from overtime for outside salesmen and administrative employees.

Defendant classified the RSR position as exempt from overtime under both federal and California law, and never paid hourly compensation to the RSRs for any overtime they worked.

Plaintiffs in this case brought a motion with the Court requesting it to rule on whether Hershey’s position that the RSRs were not entitled to overtime was correct.

The Court agreed with the plaintiffs and held that the sales representatives were not exempt from federal and California overtime requirements as “outside salespersons” or “administrative employees,” as Hershey had argued, and therefore they were entitled to overtime pay.

The order holding that Hershey’s RSRs were entitled to overtime, discussed here “Federal Court Holds that Hershey RSRs are Entitled to Overtime has become a published opinion in the federal reports.  Campanelli v. Hershey Co., 765 F.Supp.2d 1185 (N.D.Cal. 2011).

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