Torres v. Auto Chlor Systems of Northern California
Angel Torres along with Clinton J. Berg II, Richard Aguirre, Jim Chavez and Damien were employed by the respondent Auto Chlor Systems of Northern California, Inc. (Auto Chlor) against whom they asserted a claim for failure to pay overtime, illegal deductions from wages and relief under Business and Professions Code section 17200. They were employed as route sales technicians at Auto Chlor where they sold and serviced dishwashers made by Auto Chlor. During the same period that these plaintiffs claimed overtime, another employee of Auto Chlor, Merarl Richison, made a similar claim to the labor commission where the claim for overtime compensation was denied with the statement: The plaintiffs earnings exceeded one and one-half times the minimum and more than half of the plaintiffs earnings represented commissions. [] Under the Order overtime wages are not applicable. By reason thereof, plaintiff take nothing from the defendant. Wage Order No. 7 of California Code Regulations, title 8, section 11070(3)(d) provides provisions of subsections (A), (B), and (C) above shall not apply to any employee whos earnings succeed one and one half (1 1/2) times the minimum wage if more than half of that employees compensation represents commissions.
The motion for summary judgment was granted by the trial court on the ground that they were barred by the doctrine of res judicata as a result of his earlier voluntary dismissal and his failure to amend to raise any triable issue of fact.
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