Litigation

Rehearing of California wage law case that may impact Northwest employers

By Matt Hedberg

The Ninth Circuit recently issued an order withdrawing its 2008 opinion in Sullivan v. Oracle Corp., which applied California wage laws to out-of-state employees doing limited work in California.  The court certified these three questions to the California Supreme Court:

First, does the California Labor Code apply to overtime work performed in California for a California-based employer by out-of-state plaintiffs in the circumstances of this case, such that overtime pay is required for work in excess of eight hours per day or in excess of forty hours per week?

Second, does [California's Unfair Competition Law] apply to the overtime work described in question one?

Third, does [California's Unfair Competition Law] apply to overtime work performed outside California for a California-based employer by out-of-state plaintiffs in the circumstances of this case if the employer failed to comply with the overtime provisions of the [federal Fair Labor Standard Act]?

Our original blog post on the panel opinion is here.

Full post as published by Northwest Business Litigation Blog on February 25, 2009 (boomark / email).