A summary judgment in favor of UPS on a wage & hour misclassification case has been reversed by the Ninth Circuit. Here's the order is Marlo v. United Parcel Service, Inc. There wasn't much analysis needed:
Appeal from the United States District Court for the Central District of California, Dean D. Pregerson, District Judge, Presiding
Argued and Submitted October 17, 2007 Pasadena, California Before: KOZINSKI and McKEOWN, Circuit Judges, and JONES, District Judge.
Michael Marlo appeals the district court’s grant of summary judgment in favor of United Parcel Service (“UPS”) on his claim that UPS misclassified its FILED OCT 25 2007 CATHY A. CATTERSON, CLERK U.S. COURT OF APPEALS Full-Time Supervisors (“FTS”) as nonexempt employees. Summary judgment is appropriate where, viewing the evidence in the light most favorable to the nonmoving party, there is no genuine issue of material fact. Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). Marlo has raised material issues of fact related to whether the FTS “customarily and regularly exercise discretion and independent judgment.” Cal. Code Regs. tit. 8, § 11090(1)(A)(1)(d) (2005). Accordingly, summary judgment as to that issue was improper.
REVERSED AND REMANDED.
You can listen to the oral argument by going to the court's website at http://www.ca9.uscourts.gov/ca9/media.nsf/Media%20Search?OpenForm&Seq=2. Enter case number 05-56446 to download or launch the audio file. While both sides performed admirably during their remarks, it was quite apparent that there were triable issues that compelled the court to reverse the summary judgment. Judge Kozinski's parting words to Mr. Wilcox were: "Let me give you two words of advice: Set-tle." That ended any meaningful drama for parties waiting for the opinion.