Ninth Circuit has Second Thoughts About Labor Law Decision
The Ninth Circuit has called for a take-back. In November the court decided and I reported that out-of-state employees are subject to California labor laws for any work performed in the state. That case involved instructors who traveled to various states, including California, to teach classes on software.
This week the Ninth Circuit withdrew its published decision in Sullivan v. Oracle, and asked the California Supreme Court for guidance on specified issues presented by the case. One of those questions was:
“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?”
We’ll have to wait to see if the Supremes agree to answer the question.
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