Tag Archives: california supreme court

Sullivan v. Oracle Confirmed As California Law by Ninth Circuit

In August, we discussed the California Supreme Court’s ruling addressing the circumstances under which a non-California resident can be covered by that state’s employee-friendly Labor Code.  Sullivan v. Oracle Corp., 51 Cal. 4th 1191 (2011).  Yesterday, the Court of Appeals for the Ninth Circuit adopted the state court’s ruling, rejecting Defendant’s constitutional challenges to that … Continue Reading

Clarity to California’s “Meal and Rest” Requirement Coming In 2012

As noted by our colleagues at http://www.californiaworkplacelawblog.com/, California’s highest court has scheduled oral argument in the Brinker Restaurant Corporation litigation, addressing the state’s meal and rest requirement, for November 8, 2011.  By rule, the Court must issue its decision within 90 days of oral argument, or, by February 6, 2012.  The decision should provide long-awaited … Continue Reading

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

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 Reading

California’s Highest Court Rules That Employees Do Not Have A Private Right of Action Under Tip Misappropriation Statute

As analyzed in more detail  here, the California Supreme Court recently ruled that the California labor code provision prohibiting employers from taking or sharing in tips left for employees by customers – Cal. Lab. Code § 351 (“Section 351”) – does not provide  private litigants with a right to sue their employers directly for alleged … Continue Reading
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