Futrell

This appeal arises from a class action alleging violations of sections of the Labor Code and the federal Fair Labor Standards Act of 1938 ( 29 U.S.C. § 201 et seq.) (FLSA) by a payroll processing company operating in the local television commercial production industry. Plaintiffs’ primary claim is that the payroll company violated various Labor Code and FLSA wage statutes, including Labor Code sections 510 and 1194 (authorizing a private right of action), 1 by failing to pay statutorily required overtime compensation rates to plaintiffs. In the context of a motion for summary adjudication of issues (SAI), the trial court ruled the payroll company had not been plaintiffs’ “employer.” The court thereafter entered judgment in favor of the payroll company, and plaintiffs filed the appeal that comes before us today.

While plaintiffs’ appeal was pending in our court, the Supreme Court decided Martinez v. Combs (2010) 49 Cal.4th 35 [ 109 Cal.Rptr.3d 514 , 231 P.3d 259 ] (Martinez), cementing at least three employment principles in place which are relevant to the appeal. First, “no generally applicable rule of law imposes on anyone other than an employer a duty to pay wages.”…