Costco Tries To Sell 9th Circ. On New Trial In OT Row

By Brandon Lowrey (February 11, 2015, 6:53 PM EST) -- Costco Wholesale Corp. on Wednesday urged the Ninth Circuit to grant a new trial after a judge awarded damages to two managers alleging the retailer misclassified them as exempt employees and denied them overtime, saying the company realistically expected the managers to spend their time on exempt duties.

During a hearing in Pasadena, California, Costco attorney Timothy Rusche of Seyfarth Shaw LLP argued that the company didn't turn a blind eye to the exempt receiving managers performing nonexempt duties, but wasn't aware of it and had no reason to suspect it.

"Costco took every step possible to ensure that employees performed...

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