California Overtime Rules Apply To Out-of-State Residents Who Work In The State

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Sullivan v. Oracle Corp., 2011 WL 2569530 (Cal. S. Ct. 2011)

In this case, the California Supreme Court answered three questions certified to it by the United States Court of Appeals for the Ninth Circuit as follows: (1) California’s overtime law applies to work performed in California for a California employer by nonresident workers; (2) the Unfair Competition Law (“UCL”) applies to violations of the overtime law; and (3) the UCL does not apply to claims brought under the federal Fair Labor Standards Act (“FLSA”) for overtime work performed in other states by nonresidents. See also Probert v. Family Centered Servs. of Alaska, 2011 WL 2473954 (9th Cir. 2011) (FLSA does not cover homes where “severely emotionally disturbed” children reside).

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