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December 14, 2011: Paying out-of-state plaintiffs overtime does not violate Due Process Clause or Dormant Commerce Clause.

On December 13, 2011, in Sullivan v. Oracle Corp. (US Court of Appeals- Ninth Circuit, No. 06-56649), the court held that the California Labor Code, in fact, applies to plaintiffs who work overtime performed in California. This signified departure from the district court's opinion, which stated that the Labor Code does not apply to nonresidents who do the majority of their work in other states. This opinion has the repercussion of allowing overtime to be paid to nonresident plaintiff's who perform their work in California even if they also work outside the state.