Sullivan

In this proceeding we address, at the request of the United States Court of Appeals for the Ninth Circuit, questions about the applicability of California law to nonresident employees who work both here and in other states for a California-based employer. We conclude the Labor Code’s overtime provisions (id., §§ 510, 1194) do apply to plaintiffs’ claims for compensation for work performed in this state, and that the same claims can serve as predicates for claims under California’s unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.). We also conclude that plaintiffs’ claims for overtime compensation under the federal Fair Labor Standards Act of 1938 (ELSA) ( 29 U.S.C. § 201 et seq.; see id., § 207(a)) for work performed in other states cannot serve as predicates for UCL claims.

I. Background

Plaintiffs Donald Sullivan, Deanna Evich and Richard Burkow formerly worked as “Instructors” for defendant Oracle Corporation, a large software company headquartered in California. As Instructors, plaintiffs’ job was to train Oracle’s customers in the use of the company’s products. Plaintiffs Sullivan and Evich reside in Colorado, and plaintiff Burkow resides in…