Today, the Ninth Circuit issued an order withdrawing its opinion in Sullivan v. Oracle Corp., 547 F.3d 1177 (9th Cir. 2008), and certifying these three questions to the California Supreme Court under Rule of Court 8.548:
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?
The order issued after the defendant filed petitions for rehearing and en banc rehearing. It is unclear from the order whether the panel opinion will be reinstated if the Supreme Court declines to accept the certified questions, but a second order indicates that the petitions have both been "dismissed as moot." My original blog post on the panel opinion is here.