In re Certified Tire and Service Centers Wage and Hour Cases

The request for judicial notice, dated December 21, 2018, is granted. The petition for review is granted. Further action is this matter is deferred pending consideration and disposition of a related issue in Oman v. Delta Air Lines, Inc., S248726 (see Cal. rules of Court, rule 8.524 (c)), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.528, is deferred pending further order of the court. The requests for an order directing depublication of the opinion are denied. Votes: Cantil-Sakauye, C.J., Chin, Corrigan, Liu, Cuéllar, Kruger and Groban, JJ. Review granted/holding for lead case.

[Note: In Oman, the Ninth Circuit had certified the following questions to the California Supreme Court “(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.)”]

Docket

Court of Appeal Decision

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