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Oman v. Delta Air Lines Inc

United States Court of Appeals, Ninth Circuit

May 9, 2018

Dev Anand Oman; Todd Eichmann; Michael Lehr; Albert Flores, individually, on behalf of others similarly situated, and on behalf of the general public, Plaintiffs-Appellants,
v.
Delta Air Lines, Inc., Defendant-Appellee.

          D.C. No. 3:15-cv-00131-WHO

          Before: Paul J. Watford and Michelle T. Friedland, Circuit Judges, and Jed S. Rakoff, [*] Senior District Judge.

         ORDER CERTIFYING QUESTIONS TO THE SUPREME COURT OF CALIFORNIA

         SUMMARY [**]

         Certified Questions to California Supreme Court

         The panel certified the following questions of state law to the Supreme Court of California:

(1) Do California Labor Code §§ 204 and 226 apply to wage payments and wage statements provided by an out-of-state employer to an employee who, in the relevant pay period, works in California only episodically and for less than a day at a time?
(2) Does California minimum wage law apply to all work performed in California for an out-of-state employer by an employee who works in California only episodically and for less than a day at a time? See Cal. Labor Code §§ 1182.12, 1194; 8 C.C.R. § 11090(4).
(3) Does the Armenta/Gonzalez bar on averaging wages apply to a pay formula that generally awards credit for all hours on duty, but which, in certain situations resulting in higher pay, does not award credit for all hours on duty? See Gonzalez v. Downtown LA Motors, LP, 155 Cal.Rptr.3d 18, 20 (Ct. App. 2013); Armenta v. Osmose, Inc., 37 Cal.Rptr.3d 460, 468 (Ct. App. 2005)?

          ORDER

         We respectfully ask the Supreme Court of California to exercise its discretion to decide the certified questions set forth in section II of this order.

         I. Administrative Information

         We provide the following information in accordance with California Rule of Court 8.548(b)(1). The caption of this case is:

No. 17-15124
DEV ANAND OMAN; TODD EICHMANN; MICHAEL LEHR; ALBERT FLORES, individually, on behalf of others similarly situated, and on behalf of the general public, Plaintiffs-Appellants,
v.
DELTA AIR LINES, INC., Defendant-Appellee.

         The names and addresses of counsel for the parties are:

For Plaintiffs-Appellants Dev Anand Oman, Todd Eichmann, Michael Lehr, and Albert Flores: Daniel S. Brome and Matthew C. Helland, Nichols Kaster, LLP, 235 Montgomery ...

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