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Labor & Employment

Jun. 4, 2015

Barbara Miller

Morgan, Lewis & Bockius LLP Irvine

In February, Miller successfully defended Office Depot Inc. against allegations by former store managers that they were misclassified as exempt employees. The plaintiffs argued that they did not spend more than 50 percent of their time doing managerial work, and as such were entitled to overtime pay.

At trial on the test case, the judge found that the test plaintiff was not misclassified and was indeed exempt. The judge als...

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