Summary
granting request for certification of issues
Summary of this case from Nisei Farmers League v. Cal. Labor & Workforce Dev. AgencyOpinion
S248726
07-11-2018
OMAN (DEV ANAND); EICHMANN (TODD); LEHR (MICHAEL); FLORES (ALBERT) v. DELTA AIR LINES, INC.
Request for certification granted
This court grants the request, made pursuant to California Rules of Court, rule 8.548, for this court to decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. Pursuant to rule 8.548(f)(5), the questions have been reworded as follows:
(1) Do California Labor Code sections 204 and 226 apply to wage payments and wage statements provided by an out-of-state employer to an employee who, in the relevant pay period, works in California only episodically and for less than a day at a time?
(2) Does California minimum wage law apply to all work performed in California for an out-of-state employer by an employee who works in California only episodically and for less than a day at a time? (See Cal. Labor Code, §§ 1182.12, 1194; Cal. Code Regs., § 11090(4).)
(3) Does the Armenta/Gonzalez bar on averaging wages apply to a pay formula that generally awards credit for all hours on duty, but which, in certain situations resulting in higher pay, does not award credit for all hours on duty? (See Gonzales v. Downtown LA Motors, LP (2013) 215 Cal.App.4th 36, 155 Cal. Rptr. 3d 18; Armenta v. Osmose, Inc. (2005) 135 Cal.App.4th 314, 37 Cal. Rptr. 3d 460.)
For purposes of briefing and oral arguments, plaintiffs Dev Anand Oman, Todd Eichmann, Michael Lehr, and Albert Flores are deemed the petitioners in this court. (Cal. Rules of Court, rule 8.520(a)(6).
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.