Bradley Hirdman filed a complaint against his former employer Charter Communications, LLC (Charter) alleging a single cause of action for civil penalties under the Private Attorneys General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.). Hirdman’s lawsuit was premised on Charter’s alleged violations of various Labor Code sections, including section 246, which governs an employer’s calculation and payment of sick leave to its employees. The parties filed cross-motions for summary adjudication on this issue.
According to Hirdman, Charter improperly classified him as an “exempt employee” for purposes of calculating his paid sick leave under section 246, subdivision (l), when it should have classified him as a “nonexempt employee” and thus used a different calculation method. Charter argues that Hirdman was an “exempt employee” as an outside salesperson who was exempt from overtime compensation requirements. (§ 1171.) The trial court agreed with Charter and thus granted its motion for summary adjudication, ultimately entering judgment in its favor.
Reviewing the issue de novo, we agree with the trial court that the statutory language is unambiguous, and section 246, subdivision (l)(3) applies to exempt outside salespersons like Hirdman. We therefore affirm the judgment.
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