25 Cited authorities

  1. Anderson v. Mt. Clemens Pottery Co.

    328 U.S. 680 (1946)   Cited 2,588 times   58 Legal Analyses
    Holding that "the damage is. . . certain" where employee proved that he performed work that was not paid in accordance with the statutes, and that damages can then be awarded if there is a "basis for a reasonable inference as to the extent of the damages"
  2. Auto Equity Sales, Inc. v. Superior Court

    57 Cal.2d 450 (Cal. 1962)   Cited 5,929 times   8 Legal Analyses
    Explaining the "rule requiring a court exercising inferior jurisdiction to follow the decisions of a court exercising a higher jurisdiction"
  3. Ramirez v. Yosemite Water Co.

    20 Cal.4th 785 (Cal. 1999)   Cited 340 times   17 Legal Analyses
    Holding that when a court evaluates if an employee was primarily engaged in exempt duties for purposes of the administrative exemption to overtime pay, it must consider "how the employee actually spends his or her time" and also "whether the employee's practice diverges from the employer's realistic expectations"
  4. Morillion v. Royal Packing

    22 Cal.4th 575 (Cal. 2000)   Cited 332 times   29 Legal Analyses
    Holding that compulsory travel time on bus from departure point to work site is compensable
  5. Tidewater Marine Western, Inc. v. Bradshaw

    14 Cal.4th 557 (Cal. 1996)   Cited 293 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
  6. Rutti v. Lojack Corp.

    596 F.3d 1046 (9th Cir. 2010)   Cited 88 times   3 Legal Analyses
    Holding that an alarm installation technician was not entitled to compensation for the time he spent driving an employer owned vehicle from his home to his first installation even though the employer required the technician to drive straight to and from work, avoid carrying passengers, and have his cell phone on during his commute
  7. Mendiola v. CPS Sec. Sols., Inc.

    60 Cal.4th 833 (Cal. 2015)   Cited 74 times   14 Legal Analyses
    Finding that employer restrictions on "nonemployee visitors, pets, and alcohol use" were relevant to determining control
  8. Corbin v. Time Warner Entm't Advance/Newhouse P'ship

    821 F.3d 1069 (9th Cir. 2016)   Cited 70 times   6 Legal Analyses
    Holding that the FLSA requires rounding policies to be both facially neutral and neutral in application
  9. See's Candy Shops, Inc. v. Superior Court (Pamela Silva)

    210 Cal.App.4th 889 (Cal. Ct. App. 2012)   Cited 68 times   27 Legal Analyses
    Adopting rounding policy concluding that the policies underlying the federal regulation on rounding "apply equally to the employee-protective policies embodied in California labor law"
  10. 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
  11. Section 201 - Short title

    29 U.S.C. § 201   Cited 20,950 times   103 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work
  12. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,481 times   227 Legal Analyses
    Establishing overtime rules
  13. Section 785.47 - Where records show insubstantial or insignificant periods of time

    29 C.F.R. § 785.47   Cited 124 times   15 Legal Analyses
    Codifying Anderson in regulation
  14. Section 778.223 - Pay for non-productive hours distinguished

    29 C.F.R. § 778.223   Cited 65 times   8 Legal Analyses
    Stating that “hours worked” under § 207 “include: [a]ll time during which an employee is required to be on duty or to be on the employer's premises or at a prescribed workplace; and [a]ll time during which an employee is suffered or permitted to work whether or not he is required to do so”
  15. Rule 8.548 - Decision on request of a court of another jurisdiction

    Cal. R. 8.548   Cited 210 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