Marlo v. United Parcel Service, Inc.

U.S. Court of Appeals for the Ninth Circuit
Marlo v. United Parcel Service, Inc., 254 F. App'x 568 (9th Cir. 2007)

Marlo v. United Parcel Service, Inc.

Opinion of the Court

MEMORANDUM **

Michael Mario appeals the district court’s grant of summary judgment in favor of United Parcel Service (“UPS”) on his claim that UPS misclassified its Full-Time Supervisors (“FTS”) as nonexempt employees. Summary judgment is appropriate where, viewing the evidence in the light most favorable to the nonmoving party, there is no genuine issue of material fact. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Mario has raised material issues of fact related to whether the FTS “customarily and regularly exercise! ] discretion and independent judgment.” Cal.Code Regs. tit. 8, § 11090(l)(A)(l)(d) (2005). Accordingly, summary judgment as to that issue was improper.

REVERSED AND REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

Reference

Full Case Name
Michael MARLO v. UNITED PARCEL SERVICE, INC.
Cited By
2 cases
Status
Published