The Court of Appeal Provides Clarification Regarding a Manager's Job Tasks and His/Her Status as

The California Court of Appeal - Second District - has clarified that a task does not become exempt merely because the manager undertakes it in order to contribute to the smooth functioning of the store. While a factfinder must categorize concurrent performance of exempt and nonexempt work based on the manager’s purpose in undertaking the activity, there is no requirement that the concurrent performance of exempt and nonexempt activities must be considered nonexempt. Thus, an instruction on the consideration of the manager’s purpose, where appropriate, must inform the jury of relevant limiting principles outlined in the applicable regulations and recognized by our prior decisions. (See, Safeway Wage and Hour Cases - filed Dec. 18, 2019, Second District, Div. Four - 2019 S.O.S. 4368.)


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