California Supreme Court Watch

Jul 17, 2018
#18-88 Oman v. Delta Air Lines, Inc., S248726. (9th Cir. No. 17-15124; 889 F.3d 1075; Northern District of California No. 3:15-cv-00131-WHO.)

#18-88 Oman v. Delta Air Lines, Inc., S248726. (9th Cir. No. 17-15124; 889 F.3d 1075; Northern District of California No. 3:15-cv-00131-WHO.) 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. As restated by the court, the questions presented are: “(1) Do California Labor Code sections 204 and 226 apply to wage payments and wage statements provided by an outof-state employer to an employee who, in the relevant pay period, works in California only episodically and for less than a day at a time? (2) Does California minimum wage law apply to all work performed in California for an out-of-state employer by an employee who works in California only episodically and for less than a day at a time? (See Cal. Labor Code, §§ 1182.12, 1194; Cal. Code Regs., § 11090(4).) (3) Does the Armenta/Gonzalez bar on averaging wages apply to a pay formula that generally awards credit for all hours on duty, but which, in certain situations resulting in higher pay, does not award credit for all hours on duty? (See Gonzales v. Downtown LA Motors, LP (2013) 215 Cal.App.4th 36, 155 Cal. Rptr. 3d 18; Armenta v. Osmose, Inc. (2005) 135 Cal.App.4th 314, 37 Cal. Rptr. 3d 460.)”

Review granted: 07/11/2018

See the Ninth Circuit order