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MARLO v. UNITED PARCEL

United States Court of Appeals, Ninth Circuit.

Oct 25, 2007

Judgment

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MEMORANDUM

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

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 non-exempt employees. Summary judgment is appropriate where, viewing the evidence in the light most favorable to the non-moving 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(1)(A)(1)(d) (2005). Accordingly, summary judgment as to that issue was improper.

REVERSED AND REMANDED.