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PEABODY v. TIME WARNER CABLE

United States Court of Appeals for the Ninth Circuit’s Request to Answer Question of State Law

14 Cited authorities

  1. Morillion v. Royal Packing

    22 Cal.4th 575 (Cal. 2000)   Cited 331 times   29 Legal Analyses
    Holding that compulsory travel time on bus from departure point to work site is compensable

  2. Tidewater Marine Western, Inc. v. Bradshaw

    14 Cal.4th 557 (Cal. 1996)   Cited 292 times   18 Legal Analyses
    Holding that DLSE Enforcement Manual was not entitled to higher level of deference accorded a regulation because it was not adopted consistent with the Administrative Procedures Act's requirements of public notice and comment

  3. United Parcel Service Wage & Hour Cases

    190 Cal.App.4th 1001 (Cal. Ct. App. 2010)   Cited 83 times   1 Legal Analyses
    Finding duties such as issuing discipline, troubleshooting operational difficulties, and advising employees were all matters that required executive discretion

  4. Gomez v. Lincare, Inc.

    173 Cal.App.4th 508 (Cal. Ct. App. 2009)   Cited 65 times   5 Legal Analyses
    Looking to the Ninth Circuit's test to determine whether an employee was free to engage in personal activities while on call

  5. Arechiga v. Dolores Press, Inc.

    192 Cal.App.4th 567 (Cal. Ct. App. 2011)   Cited 43 times   12 Legal Analyses
    Explaining an appellant is obligated to "completely and fairly summarize the evidence supporting the court's findings and judgment"

  6. Parents Involved in Community v. Seattle SCH

    294 F.3d 1085 (9th Cir. 2002)   Cited 25 times
    Certifying question sua sponte

  7. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 110,883 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  8. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,226 times   117 Legal Analyses
    Providing only statutory penalties

  9. Section 203 - Failure to pay; penalties

    Cal. Lab. Code § 203   Cited 1,611 times   21 Legal Analyses
    Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"

  10. Section 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,573 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

  11. Section 515 - Exemptions for executive, administrative, and professional employees

    Cal. Lab. Code § 515   Cited 215 times   19 Legal Analyses
    Exempting "administrative" employees from overtime compensation; Lab. Code, § 226.7, subd. (e) [providing exemption from meal and rest periods].

  12. Section 4 - Prior actions or proceedings

    Cal. Lab. Code § 4   Cited 72 times
    Commencing with Section 6600

  13. Section 11040 - Order Regulating Wages, Hours, and Working Conditions in Professional, Technical, Clerical, Mechanical, and Similar Occupations

    Cal. Code Regs. tit. 8 § 11040   Cited 339 times   16 Legal Analyses
    Adopting this provision of the former CFR

  14. Rule 8.548 - Decision on request of a court of another jurisdiction

    Cal. R. 8.548   Cited 208 times

    (a)Request for decision On request of the United States Supreme Court, a United States Court of Appeals, or the court of last resort of any state, territory, or commonwealth, the Supreme Court may decide a question of California law if: (1) The decision could determine the outcome of a matter pending in the requesting court; and (2) There is no controlling precedent. (Subd (a) amended effective January 1, 2007.) (b)Form and contents of request The request must take the form of an order of the requesting