The California Supreme Court has ruled that employees who travel to California on business may be entitled to daily overtime compensation for work in excess of eight hours per day, as required by California law, even though they do not reside in California and California is not their normal place of work.
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????????? Sullivan v. Oracle Corp. involved former instructors who worked for Oracle, the software company.? Their job was to train Oracle?s customers in the use of the company?s products, and, while they were based in Colorado and Arizona and worked mainly in their home states, they also traveled to California and other states to provide the requisite training.? One of the three plaintiffs worked for 20 days in California during the relevant time period, another worked there for 74 days, and the third worked there for 110 days.
??????????? It is important to note that Oracle is headquartered in California, and the California Supreme Court held that the California Labor Code and the Business and Professional Code apply to work performed in California for a California-based employer by out-of-state employees, so that overtime is required for work in excess of eight hours per day.? It is not clear, however, that employers that are not based in California should take comfort from that ruling, as the basis for the court?s decision was its determination that the California overtime laws apply broadly to all employment in the state, without reference to the employee?s state of residence.
??????????? Thus, employers who send their employees on business travel to California must consider that they may be incurring overtime liability if their employees work more than eight hours in a day (even if the employee remains under the 40 hours per workweek that would trigger overtime liability under the federal Fair Labor Standards Act), and that such liability could reach back four years under California law, rather than the two years that is typical under federal law (or three years in the case of willful violations).?
Source: http://www.workplacefyi.com/business-tra
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Source: http://vucoa.livejournal.com/30590.html
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