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CA Supreme Court clarifies application of state wage and hour laws to flight attendants

July 2020 employment law letter
Authors: 
Cathleen S. Yonahara, Freeland Cooper & Foreman LLP

The California Supreme Court recently tackled the issue of whether California laws regarding itemized wage statements and the timing of wage payments apply when the employer is out of state and the employee works in California only episodically. The court also considered whether the state’s minimum wage laws apply to work performed on the ground during a flight attendant’s brief and episodic stops in California and, if so, whether Delta’s compensation formula complies with California law.

Facts

Delta Air Lines, Inc., a national and international air carrier incorporated in Delaware and based in Georgia, offers service in and out of roughly one dozen California airports. Dev Anand Oman, Todd Eichmann, Michael Lehr, and Albert Flores are current or former Delta flight attendants who served on flights in and out of California airports as well as airports outside the state. Oman resided in New York and had a New York airport as a home base. Lehr resides in Nevada but is assigned a California airport as his home base. Eichmann and Flores are both California residents and have California airports as their home bases.

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