The California Supreme Court Decides Non-Residents Performing Work in California for California Based Employers Are Subject to California’s Overtime Provisions

On June 30, 2011, in Sullivan v. Oracle Corporation, et al., the California Supreme Court decided three certified questions from the Ninth Circuit regarding work performed in the State of California by non-residents for California based employers.

Three plaintiffs worked as "Instructors" for Oracle Corporation from 2001 to 2004. As Instructors, Plaintiffs’ job was to train Oracle’s customers in the use of the company’s products. Two Plaintiffs resided in Colorado, one Plaintiff resided in Arizona. Plaintiffs worked mainly in their home states but also traveled to work in California and 19 other states. In the three year period, one plaintiff worked approximately 74 days in California, one worked 110 days and one worked 20 days.

Gabrielle Wirth
Partner

Rachel C. Schumacher
Associate

Full Story: http://www.dorsey.com/eu_le_oracle_070511/