services or use of facilities.‖
(Cal. Code Regs., tit. 8, § 11040, subd. 2(M), italicsadded.)The BBO classification was created after USB merged with another bank in 2001,when an existing small business banker (SBB) position was redesignated with the BBO
title. A May 1997 job description states that SBB‘s were responsible for ―developing and
managing small business banking customer relationships by advising on and selling awide range of financial services to include: credit, deposit, cash management and other
applicable bank products and services.‖ Persons in this c
lassification were also
responsible for ―growing the business through prospecting, networking, cross
relationship management in order to develop and expand the relations with [USB].‖SBB‘s were encouraged to ―build strong customer relationship
s and analyze data to
determine the customer‘s business needs and financial condition.‖ This job description
was essentially retained when the BBO position was created in 2001.
However, a 2002 job description specifies that more than 80 percent of a BBO
‘s time should be spent on―Outside Sales Activity.‖
Of the five functions listed in the job description under thisheading, several are required to take place outside branch offices.
I. The Complaint
On December 26, 2001, Amina Rafiqzada, acting on behalf of herself and othersimilarly situated current and former USB employees,
filed a class action complaint
While Labor Code section 1171 uses the term ―outside salesman,‖ the regulation that is the
primary focus of this opinion uses the
term ―outside salesperson.‖ For the sake of consistency,we will use the term ―outside salesperson.‖
For convenience, this opinion will use the BBO abbreviation to refer to both SBB‘s and BBO‘s,
with exceptions made in reference to individual plaintiffs.
USB does not maintain any documents showing the daily or weekly hours worked by BBO‘s.
For example, BBO‘s are expected to consult with customers and prospects at their place of business ―in order to understand their current business practices and
identify their financial goals
and needs.‖ BBO‘s are also expected to represent the bank at various civic and community
functions, and to conduct joint outside sales calls with other branch employees at potential
customers‘ places of business.