The Ninth Circuit Clarifies When California Law Applies to Employees With Remote Workplaces
In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. Court of Appeals for the Ninth Circuit affirmed the application of California wage-and-hour laws to employees who worked both within and outside of the state. Prior case law established that California's wage-and-hour laws apply to non-California residents when they perform work in the state of California. In Bernstein, the Ninth Circuit addressed the converse question. Specifically, the decision addressed whether certain California wage-and-hour laws applied to employees who spent the majority of their working hours outside of California.
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Wage & Hour Developments
The regulatory landscape, appetite for administrative agency enforcement, and judicial interpretations related to wage-and-hour issues are rapidly evolving. Our blog is a one-stop resource for federal- and state-level updates and analysis on wage-and-hour-related developments affecting employers.