MARK NEGRI, Plaintiff and Appellant, v. KONING & ASSOCIATES, Defendant and Respondent., 216 Cal. App. 4th 392

Summary

The parties stipulated that the employer never paid the employee a guaranteed salary; rather he was paid on an hourly rate of $29 per hour per claim basis. Thus, if he worked fewer claims in a pay period, he made less money than if he worked more claims. But no matter how much he worked, he did not receive overtime pay. He was paid $29 per hour for work done on each claim. The employee estimated that he worked an average 20 hours a week of overtime during all 66 weeks he worked for the employer. The court of appeal held that the employer did not prove that the administrative exemption of Wage Order 4 applied. The employer stipulated to the fact that it never paid the employee a guaranteed salary; if he worked fewer claims he made less money than if he worked more claims. That was the same thing as saying that the employee was not paid a predetermined amount that was not subject to reduction based upon the quantity of work performed. He was not paid a salary.