California Supreme Court Watch

Feb 09, 2019
#19-10 Certified Tire & Auto Service Center Wage & Hour Cases, S252517. (D072265; 28 Cal.App.5th 1; San Diego County Superior Court; JCCP4762.)

#19-10 Certified Tire & Auto Service Center Wage & Hour Cases, S252517. (D072265; 28 Cal.App.5th 1; San Diego County Superior Court; JCCP4762.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court ordered briefing deferred pending decision in Oman v. Delta Airlines, S248726 (#18-88), on certification from the Ninth Circuit, in which we agreed to address the following questions: “(1) Do California Labor Code sections 204 and 226 apply to wage payments and wage statements provided by an out-of-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, briefing deferred: 01/16/2019

See the California Court of Appeal opinion.