Opinion
S252517
09-23-2020
IN RE CERTIFIED TIRE AND SERVICE CENTERS WAGE AND HOUR CASES
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, 264 Cal.Rptr.3d 20, 466 P.3d 325. ( Cal Rules of Court, rule 8.528(d) ; see Oman, at p. 783, 264 Cal.Rptr.3d 20, 466 P.3d 325 [whether a compensation scheme violates the no-borrowing principle "necessarily turns on the nature of [the employer's] contractual commitments"]; id. at p. 788, 264 Cal.Rptr.3d 20, 466 P.3d 325 [distinguishing Gonzalez v. Downtown LA Motors, LP (2013) 215 Cal.App.4th 36, 155 Cal.Rptr.3d 18 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.