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Taylor v. United Parcel Serv., Inc., B225089

By FindLaw Staff on December 10, 2010 | Last updated on March 21, 2019

Issue of whether plaintiff was a nonexempt employee in a suit against UPS

Taylor v. United Parcel Serv., Inc., B225089, concerned a challenge to a trial court's grant of United Parcel Service's (UPS) motion for summary judgment on the grounds that plaintiff was exempt executive and administrative employee and therefore not entitled to overtime payments and the related benefits given to nonexempt employees, in plaintiff's suit against his employer, UPS, seeking recovery of unpaid overtime compensation, penalties for missed meal and rest periods, and other related claims.


In affirming, the court held that there is no material triable issue concerning applicability of the executive exemption as, based on the undisputed evidence, plaintiff was clearly and unmistakably an executive employee within the meaning of Wage Order 9 and as such, properly classified as exempt.  The court also held that there is no material triable issue of fact as to the applicability of the administrative exemption as, there is no dispute as to salary and general supervision elements, plaintiff was primarily engaged in work directly related to the management policies or general business operations of UPS, and customarily and regularly exercised discretion and independent judgment within the meaning of Wage Order 9.

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