Holding that an employer had failed to prove its employees were covered by
the motor carrier exemption to the overtime compensation requirements of
the California wage and hour laws, the California Court of Appeal has
reversed summary adjudication for the employer. Gomez v. Lincare,
Inc., No. G040338 (Cal. Ct. App. Apr. 28, 2009). The Court
concluded the employer had not shown that its employees qualified for the
exemption, because it was unable to demonstrate they drove a vehicle
carrying hazardous materials each workday. The Court remanded the
case for further proceedings.
