A California Court of Appeals has ruled that managers at Joe’s Crab Shack  are entitled to overtime, as well as meal/hour breaks for performing “non-exempt” work.

Martinez et al. v. Joe’s Crab Shack et al., No. B242807 (Cal. Ct. App. Dec. 4, 2013). The Court found that the trial court incorrectly focused on factual disputes regarding how the managers spent their time, rather than on the employer’s policies the managers alleged resulted in their misclassification. In so doing, the trial court improperly shifted the burden of proving the exemption to the employees, the Court noted.


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