State pay law now covers out-of-state employees working in California — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

State pay law now covers out-of-state employees working in California

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in Human Resources,Overtime Labor Laws

by Thomas M. McInerney, Esq.

A unanimous California Supreme Court has ruled that California-based employers must pay out-of-state resident employees based on the provisions of the California Labor Code, even if those employees only visit the state on a limited, temporary basis.

The court ruled that the California Legislature intended for the state’s overtime laws to apply broadly to protect workers visiting California even temporarily. Therefore, it said, California laws trump the laws from the states in which employees actually reside and primarily work. (Sullivan v. Oracle Corp., No. S170577, Cali­fornia Supreme Court, 2011)

The decision is worrisome for multi­state employers because it may open the door for more employee lawsuits seeking the generous protections offered by California law.

Three-part state law claim

Donald Sullivan, Deanna Evich and Richard Burkow were trainers for Oracle Corp., teaching customers how to u...(register to read more)

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