The California Supreme Court recently handed down a landmark
decision on class actions. The trial judge lost control of the
certification and evidentiary presentation of the case resulting in
a $15 million verdict against U.S. Bank National Association (USB).
In this long-awaited decision, the California Supreme Court
acknowledged the blatant errors perpetrated by the trial court and
class counsel, and provided valuable guidance for employers and
their attorneys in defending class actions. Duran v. U.S. Bank
National Association.
Microscopic Sampling
In this case, loan officers who were hired as outside
salespersons claimed they were misclassified as exempt. In
California, outside salespersons are exempt from overtime and
minimum wage requirements if they customarily and regularly work
more than half of their working time away from the employer's
place of business selling products or services. Duran turned on
whether loan officers spent more than 50% of their time
