Former Labor Commissioner Donna Dell has been popping up as a hired expert in wage and hour cases recently, for the purpose of testifying on behalf of defendants regarding the “standard of care” of classifying workers as exempt or non-exempt. If anyone has declarations signed by Donna Dell or any other former DLSE officials regarding such subject matters, we'd appreciate it if you would pass those along.
I can answer that -
I have filed expert declarations in 2 wage and hour class actions, both are a matter of public record.
The first was on behalf of plaintiffs against a hospital that I believe improperly determined overtime.
The second was on behalf of defendants stating my belief that the exempt/non-exempt analysis for outside salespersons must be done on a case-by-case basis and is, therefore, inappropriate for a class action.
Posted by: Donna Dell | October 28, 2007 at 07:16 PM