Heyen v. Safeway Inc., 216 Cal. App. 4th 795 (2013)

After she was terminated, Linda Heyen, a former assistant manager for Safeway, brought this action to recover unpaid overtime pay, asserting that Safeway should have classified her as a non-exempt employee because she regularly spent more than 50 percent of her work hours engaged in nonexempt tasks such as bagging groceries and stocking shelves. An advisory jury agreed with Heyen and awarded her overtime pay in the amount of $26,184.60. In this appeal, Safeway contended that the trial court failed to properly account for hours Heyen spent simultaneously performing exempt and nonexempt tasks (i.e., "actively managing the store while concurrently performing some checking and bagging of customer grocery purchases"). The Court of Appeal affirmed the judgment in favor of Heyen, holding that the "multi-tasking" standard proposed by Safeway is inconsistent with California law. See also Negri v. Koning & Assoc., 216 Cal. App. 4th 392 (2013) (insurance claims adjuster was not exempt under the administrative exemption where employer stipulated that it "never paid [plaintiff] a guaranteed salary").