Employer Properly Calculated Sick Leave For Exempt Employee

Proskauer - California Employment Law
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Proskauer - California Employment Law

Hirdman v. Charter Commc’ns, LLC, 113 Cal. App. 5th 376 (2025)

Bradley Hirdman filed a lawsuit against his former employer (Charter Communications, LLC) alleging a violation of the Private Attorneys General Act (PAGA) based on Charter’s alleged misclassification of Hirdman as an exempt outside salesperson for purposes of calculating his paid sick leave pursuant to Cal. Lab. Code § 246(l)(3). The trial court and the Court of Appeal in this opinion determined that Hirdman had been an exempt employee and, as such, his paid sick leave was properly calculated pursuant to Section 246(l)(3) – in short, holding that that Section does not apply only to exempt administrative, executive and professional employees, but also includes exempt outside salespersons.

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