The provisions of this chapter shall apply to and include men, women and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but shall not include any individual employed as an outside salesman or any individual participating in a national service program carried out using assistance provided under Section 12571 of Title 42 of the United States Code.
Any individual participating in a national service program pursuant to Section 12571 of Title 42 of the United States Code shall be informed by the nonprofit, educational institution or other entity using his or her service, prior to the commencement of service of the requirement, if any, to work hours in excess of eight hours per day, or 40 hours per week, or both, and shall have the opportunity to opt out of that national service program at that time. Individuals participating in a national service program pursuant to Section 12571 of Title 42 of the United States Code shall not be discriminated against or be denied continued participation in the program for refusing to work overtime for a legitimate reason.
Notes of Decisions
Duran v. U.S. Bank Nat'l Assn., 325 P.3d 916 (Cal. 2014).
· cites it 4× “(Lab. Code, § 1171.) This exemption applies to employees who spend more than 50 percent of the workday engaged in sales activities outside the office.”
Ramirez v. Yosemite Water Co., 978 P.2d 2 (Cal. 1999).
“) Labor Code section 1171 1 expressly excludes from the overtime laws employees who are “outside salespersons,” 2 and the California Industrial Welfare Commission (IWC), the agency charged with implementing section 1171, defined the term “outside salesperson” in Wage Order No.”
Garnett v. ADT LLC, 139 F. Supp. 3d 1121 (E.D. Cal. 2015).
· cites it 2× “” Cal. Labor Code § 1171 . In contrast, section 226(a)’s itemized wage statement requirements are located in Part 1, Chapter 1, which does not have a parallel exception for outside salespersons.”
Romero v. Producers Dairy Foods, Inc., 235 F.R.D. 474 (E.D. Cal. 2006).
“This issue alone is sufficient to satisfy the commonality requirement. c. “Outside Salesman” Exemption Defendant also argues that class members’ claims turn on case-by-case, fact specific analyses of each individual’s sales efforts and whether each is exempt from overtime…”
Walsh v. IKON Off. Solutions, Inc., 56 Cal. Rptr. 3d 534 (Cal. Ct. App. 2007).
“(Lab. Code, § 1171.) 2 The motion was based on the allegations of the first amended complaint and a proposed second amended complaint.”
Barnick v. Wyeth, 522 F. Supp. 2d 1257 (C.D. Cal. 2007).
· cites it 2× “7, “[n]o employer shall require any employee to work during any meal or rest period mandated by an applicable order of the Industrial Welfare Commission.”
Rosenfeld v. S. Pac. Co., 293 F. Supp. 1219 (C.D. Cal. 1968).
· cites it 3× “Plaintiff contends that the provisions of California Labor Code Sections 1171 through 1256 and 1350 through 1357 and the administrative regulations issued under or pursuant thereto (including but not limited to paragraph 17 of the California Industrial Welfare Commission Order…”
Wang v. Chinese Daily News, Inc., 435 F. Supp. 2d 1042 (C.D. Cal. 2006).
“Even considering the more flexible standard contained in both the current federal regulation as well as the language of the California’s outside salesperson exemption (requiring more than half an employee’s working time be spent outside the office; Cal. Labor Code § 1171 ; IWC…”
Harris v. Vector Mktg. Corp., 656 F. Supp. 2d 1128 (N.D. Cal. 2009).
“637 (1983); see also Cal. Lab.Code § 1171 (stating in relevant part that “[t]he provisions of this chapter shall apply to and include men, women and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but shall…”
Brown v. Superior Court, 199 Cal. App. 4th 971 (Cal. Ct. App. 2011).
““Labor Code section 1171 et seq., and implementing regulations, set the minimum wage for labor in California.”
Hennighan v. Insphere Ins. Solutions, 38 F. Supp. 3d 1083 (N.D. Cal. 2014).
“” Cal. Lab. Code § 1171 . “Outside salesperson” is defined as any person “who customarily and regularly works more than half the working time away from the employer’s place of business selling tangible or intangible items or obtaining orders or contracts for products, services…”
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