Class Action

UCL case set for argument in April: Sullivan v. Oracle Corp.

By Kimberly A. Kralowec

The Supreme Court has released its oral argument calendar for April.  The following UCL case will be heard on Wednesday, April 6, 2011 at 10:00 a.m. in Los Angeles: 

Sullivan v. Oracle Corp., no. S170577 (questions accepted 04/22/09)

• Issues: (1) 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? (2) Second, does § 17200 apply to the overtime work described in question one? (3) 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?
• Ninth Circuit Opinion:  Sullivan v. Oracle Corp., 547 F.3d 1177 (9th Cir. 2008) (withdrawn) (see this blog post)

Presiding Justice Roger W. Boren of the Second Appellate District, Division Two, has been assigned to sit pro tem in place of Justice Moreno, who is now retired. 

I probably will not make it down to L.A. for this argument, so I'm seeking a volunteer to attend for me and provide a report.  Please drop me a line at uclpractitioner@gmail.com if you can do this.  Your report can be with or without attribution, your choice.  Thanks! 

Full post as published by The UCL Practitioner on March 11, 2011 (boomark / email).