Welcome to Friday’s 5, a series of posts each Friday of lists of five items in various aspect of California employment law. I hope to keep it informative and interesting, and provide a checklist of sorts for California employers to review various practices and policies. Starting off, here is a list of five items not
out of state workers
Can California Labor Code Provisions Apply To Non-resident Employees Working in California?
Given the increasing mobility of the workforce, the issue of which state’s laws apply to a traveling employee is becoming more and more common. In Sullivan v. Oracle Corp., the California Supreme Court held that California-based employers must pay non-resident employees working in California according to the California’s overtime laws. That means that a…
Use of Ships To Skirt California Laws?
The Wall Street Journal is reporting about the plans of Silicon Valley entrepreneurs who would like to anchor a ship 12 miles off the San Francisco coast in order to skirt U.S. Immigration laws. They project that the ships could hold 1,000 people at a cost for a room roughly equivalent (if not cheaper) to an…
California Supreme Court Holds Nonresident Employees Entitled to California Overtime – Sullivan, et. al. v. Oracle Corporation.
In Sullivan, et. al. v. Oracle Corporation, the California Supreme Court ruled on whether California’s overtime laws apply to out-of-state residents who perform work in California. The Court held that California’s interests in protecting all workers who perform work within the state are sufficient enough to require that California based employers must pay all…