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California Overtime Requirements Apply to Work Performed in California by Non-Resident Employees 10-April-2009 Plaintiffs, who were three employees residing in states with less strict overtime requirements than California, filed a class action lawsuit to recover allegedly unpaid overtime for work performed while in California. All three employees were based and worked in their home states, but occasionally traveled to California to work at the employer’s request. The Court of Appeals for the Ninth Circuit held that California overtime requirements apply to work performed in California by residents of other states. However, the Court held that California’s Unfair Competition Law (Cal. Bus. & Prof. Code § 17200) does not apply to claims of non-residents who allege violations of the federal Fair Labor Standards Act (FLSA) outside California. |
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Gleason
& Favarote LLP 835 Wilshire Blvd., Suite 200 Los Angeles, CA 90017 Phone: (213) 452-0510 Fax: (213) 452-0514 |
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