Hirdman v. Charter Communications, LLC

Summary

The California Court of Appeal affirmed summary adjudication and judgment for Charter Communications in a Private Attorneys General Act action concerning the calculation of paid sick leave for an outside salesperson. The court held that Labor Code section 246, subdivision (l)(3), applies to employees exempt from overtime requirements, including outside salespersons, and that Charter properly calculated the plaintiff’s sick leave at the same rate used for other paid leave.

Holdings

1. The phrase "exempt employees" in section 246, subdivision (l)(3) includes employees who are exempt from overtime wages under the outside-salesperson exemption, not only employees exempt under the administrative, executive, or professional exemptions.
2. Charter properly calculated Hirdman's paid sick leave under section 246, subdivision (l)(3), by using the same method it used to calculate wages for other forms of paid leave.
3. Summary adjudication in favor of Charter was proper because the material facts were undisputed and Charter was entitled to judgment as a matter of law under the correct interpretation of section 246, subdivision (l)(3).

Questions Presented

1. Whether the phrase "exempt employees" in Labor Code section 246, subdivision (l)(3) includes employees exempt from overtime requirements as outside salespersons.
2. Whether Charter properly calculated Hirdman's paid sick leave under section 246, subdivision (l)(3).
3. Whether the trial court properly granted summary adjudication and entered judgment for Charter.

Disposition

affirmed