California Supreme Court Finds Out of State Employees Who Perform Work in California May Be Covered by California Labor Code

Posted on August 17, 2011 by Noel Tripp

In a long awaited decision, California’s Supreme Court has ruled that the State’s Labor Code provisions governing overtime pay may apply to non-residents working in California for “a California-based employer.” Sullivan v. Oracle Corp., 51 Cal. 4th 1191 (2011). A detailed analysis of the decision and its potential implications is available here.

California wage-and-hour practitioners and commentators continue to await the California Supreme Court’s ruling regarding the scope of the Labor Code’s “meal and rest” requirements in Brinker Restaurant Corp.

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State Law Update: Nevada Minimum Wage

Posted on April 20, 2010 by Noel Tripp

Employers must not only ensure compliance with the federal minimum wage but also any applicable state minimum wage.  Nevada’s minimum wage is dependent on whether an employer offers qualified health insurance benefits.  Effective July 1, 2010, the Nevada minimum wage increases to $8.25 per hour for employers that do not offer qualified health insurance benefits, and to $7.25 per hour for employees that do offer such benefits.   While the $7.25 rate comports with the FLSA, it is still relevant to Nevada employers as Nevada requires payment of daily overtime if an employee works more than 8 hours in a day and has a regular rate of pay of less than 1½ times the state minimum wage. 

For further information, see Nevada Minimum Wage, Daily Overtime to Increase on July 1 at http://www.jacksonlewis.com/legalupdates/article.cfm?aid=2037. 

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