Employment laws in California have always strongly favored employees, but there has always been a balance. In order to enjoy the employee-friendly laws of the state, the worker had to at least be a resident. That’s no longer the case thanks to a recent 9th Circuit Court decision in Sullivan v. Oracle Corp. that extends overtime pay to employees visiting from other states.
The ruling applies to overtime work performed in California for an employer based here by an out-of-state employee whose own state laws do not conflict with California’s overtime laws. That last part is key and will require L.A.-based employers to be mindful of every time an employee who resides in another state comes to the city to work regardless of how brief. Employers also will have to become experts on the differences in – and potential conflicts with – California’s overtime laws and the laws of all states where they have employees.
Employers whose principal place of business is Los Angeles will then have to pay these out-of-state employees California-based overtime, assuming there are no conflicts with the states of residence. The logistics of complying will be a potential nightmare for businesses throughout the state.
The biggest casualties of the law in Los Angeles could be the travel, trade show and convention industries. Employers will think twice before they bring their out-of-state employees into the city. That’s not good for the local economy.
Any employee of an L.A.-based company in town for a convention will have a claim for daily and weekly overtime if they work more than eight hours in a day or 40 hours in a week. Similarly, every out-of-state trainer or anyone here to help out on a special project or just a business meeting may also have a claim. Employers will not only be liable for all unpaid overtime but expensive attorneys’ fees. The law also opens up employers to the threat of class-action lawsuits for noncompliance. While such massive suits serve a purpose, they can be abused. And there is always a cost in defending these claims. Finally, and quite often, the attorneys filing the suits reap the majority of the financial windfall.
Attorneys will now be able bring individual cases and class-action lawsuits against employers in Los Angeles on behalf of clients in 49 other states who worked here for as little as one day. That may sound like an extreme example, but one of the plaintiffs in the Sullivan case, a resident of Arizona, worked only five days in California in one year and only 15 days in the state the previous year. This is now binding law in California and, frankly, it frightens me.
For reprint and licensing requests for this article, CLICK HERE.
Stories You May Also Be Interested In
- Federal Court Certifies Class Action Against Allstate
- Leaders in Law 2018: How to Manage an Overtime Policy
- Leaders in Law 2018 Firm Attorney of the Year Finalists: Todd B. Scherwin
- Rules Could Lead To a Surge of Suits
- High Court’s Empty Seat Delivers Union Victory
- Bill on Arbitration Contradicts Ruling By Appeals Court
- Appellate Ruling Is Seen as Deathknell For Overtime Suits