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,
Delta Air Lines, Inc., Defendant-Appellee.
Before: Paul J. Watford and Michelle T. Friedland, Circuit
Judges, and Jed S. Rakoff, [*] Senior District Judge.
CERTIFYING QUESTIONS TO THE SUPREME COURT OF
Questions to California Supreme Court
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.
respectfully ask the Supreme Court of California to exercise
its discretion to decide the certified questions set forth in
section II of this order.
provide the following information in accordance with
California Rule of Court 8.548(b)(1). The caption of this
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,
DELTA AIR LINES, INC., Defendant-Appellee.
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 ...