California court tosses portion of labor suit against Zimmer Biomet — 4 insights

Written by Eric Oliver | October 29, 2019 | Print  |

A California court dismissed a portion of a labor lawsuit against Zimmer Biomet and its affiliates because the person bringing the case was found to be exempt from federal and California labor laws, Bloomberg Law reports.

What you should know:

1. James Karl, a San Francisco-based salesman, brought a putative class-action suit against Zimmer Biomet, Zimmer US, Bioment, Biomet U.S. Reconstruction, and Biomet Biologics, alleging the companies misclassified Mr. Karl and other sales representatives as independent contractors.

2. Mr. Karl argued the misclassification denied the employees overtime, meal and rest periods, and business-related expense reimbursements, and because of that the companies violated several portions of the Fair Labor Standards Act and the California Labor Code and Industrial Wage Commission Wage Order.

3. The court dismissed the portion of the suit related to Mr. Karl's claims that Zimmer owed him for overtime and breaks, citing that Mr. Karl was an "outside salesperson," which made him exempt from the laws.

4. Mr. Karl is seeking financial relief on behalf of the class-action suit, and reclassification as an employee of Zimmer Biomet and its affiliated entities.

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