California Supreme Court Watch

Apr 03, 2018
#18-51 Stewart v. San Luis Ambulance, Inc., S246255. (9th Cir. No. 15-56943; 878 F.3d 883; Central District of California; No. 2:13-cv-09458-BRO-SS.)

#18-51 Stewart v. San Luis Ambulance, Inc., S246255. (9th Cir. No. 15-56943; 878 F.3d 883; Central District of California; No. 2:13-cv-09458-BRO-SS.) Request under California Rules of Court rule 8.548, that this court decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The questions presented are: “1. Under the California Labor Code and applicable regulations, is an employer of ambulance attendants working twenty-four hour shifts required to relieve attendants of all duties during rest breaks, including the duty to be available to respond to an emergency call if one arises during a rest period? 2. Under the California Labor Code and applicable regulations, may an employer of ambulance attendants working twenty-four hour shifts require attendants to be available to respond to emergency calls during their meal periods without a written agreement that contains an on-duty meal period revocation clause? If such a clause is required, will a general at-will employment clause satisfy this requirement? 3. Do violations of meal period regulations, which require payment of a ‘premium wage’ for each improper meal period, give rise to claims under sections 203 and 226 of the California Labor Code where the employer does not include the premium wage in the employee’s pay or pay statements during the course of the violations?”

Review granted: 03/28/2018

See the Ninth Circuit Court of Appeals order.