On Wednesday, April 6, 2011, the California Supreme Court will hear argument in the matter of Sullivan, et al. v. Oracle Corporation, et al. On February 17, 2009, the matter was certfied to the California Supreme Court by the Ninth Circuit. Justice Roger Boren, from the Second Appellate District, Division Two, was assigne as justice pro tempore. The questions certified to the California Supreme Court are:
First, does the California Labor Code apply to overtime work performed in California for a California-based employer by out-of-state plaintiffs in the circumstances of this case, such that overtime pay is required for work in excess of eight hours per day or in excess of forty hours per week?
Second, does § 17200 apply to the overtime work described in question one?
Third, does § 17200 apply to overtime work performed outside California for a California-based employer by out-of-state plaintiffs in the circumstances of this case if the employer failed to comply with the overtime provisions of the FLSA?
As a side note, the argument calendar also shows that Brinker is not on the April agenda. Do I hear May anyone? And by "May," you all know I mean May 2012, right?