Opinion
S252517
09-23-2020
IN RE CERTIFIED TIRE & SERVICE CENTERS WAGE & HOUR CASES
D072265 Fourth Appellate District, Div. 1
Transferred to Court of Appeal, Fourth Appellate District, Division One, after hold
The above-captioned matter is transferred to the Court of Appeal, Fourth Appellate District, Division One, with directions to vacate its decision and reconsider in light of Oman v. Delta Air Lines, Inc. (2020) 9 Cal.5th 762. (Cal Rules of Court, rule 8.528(d); see Oman, at p. 783 [whether a compensation scheme violates the no-borrowing principle “necessarily turns on the nature of [the employer's] contractual commitments”]; id. at p. 788 [distinguishing Gonzalez v. Downtown LA Motors, LP (2013) 215 Cal.App.4th 36 on the ground that “the court understood the contract at issue to promise pay at a certain rate for certain tasks completed” and “[t]he minimum wage floor . . . did not alter the nature of that promise”]; ibid. [reserving the legality of “a scenario in which a minimum wage floor was written into a contract that otherwise promised to pay by the piece”].)
Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.