Ninth Circuit: Employer Bears Burden of Proof to Prove Employees Not Wrongly Classified as Exempt

By Steven G. Mehta

The ninth circuit has issued an opinion that holds that the employer bears burden of proving that plaintiff and class members were not misclassified as exempt under California law.  Plaintiff’s burden was to show that there was a common misclassification to demonstrate that questions of law or fact common to class members predominated over any questions affecting only individual members.

To read the entire opinion, click here