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Showing posts with label appeals. Show all posts
Showing posts with label appeals. Show all posts

Tuesday, December 13, 2011

U.S. appeals court revives Oracle overtime lawsuit

By Terry Baynes

Tue Dec 13, 2011 7:43pm EST

n">(Reuters) - A federal appeals court on Tuesday revived a class-action lawsuit against Oracle Corp, basing its ruling on a state court decision that employers in California must pay nonresident workers for overtime work performed in the state.

The U.S. Court of Appeals for the 9th Circuit reversed a federal district court ruling in favor of Oracle. Under the California's wage and hour laws, the appellate court found, Oracle could be liable for unpaid wages if it did not compensate out-of-state computer trainers for overtime work performed in the state.

Oracle employees who were residents of Arizona and Colorado had sued the company for not paying them overtime for work performed in California. The trial judge granted summary judgment in Oracle's favor.

On appeal, the 9th Circuit asked the California Supreme Court to provide guidance on whether the California labor code applies to nonresident employees when they perform work in the state. In June, the California high court ruled that it did, finding that not applying California law would encourage employers to substitute lower-paid temporary employees from other states for California employees.

"The 9th Circuit agreed with the Supreme Court's common sense analysis: If you're a business in California, you will have to comply with California's overtime laws. You can't treat people differently because they live in a different state," said Charles Russell, a lawyer for the employees.

Employment lawyers and business groups argued the ruling would drive business away from California, reduce business travel and lead to a spike in wage-and-hour lawsuits against companies doing business in the state. Such fears have not materialized, Russell said.

Oracle lawyer Stephen Berry did not immediately respond to requests for comment.

While reviving the bulk of the employees' claims, the 9th Circuit rejected their argument that California laws should apply to overtime work performed outside of California under the facts of the case.

The 9th Circuit sent the case back down to the district court for further proceedings. (Reporting by Terry Baynes; Editing by Eileen Daspin and Steve Orlofsky)


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Friday, November 25, 2011

Total appeals Djibouti pollution sentence

PARIS | Fri Nov 25, 2011 10:55am EST

PARIS (Reuters) - Two units of France's Total have appealed a Djibouti court sentence to pay 204 million euros ($272 million) in damages and fines in a pollution case dating back to 1997, a spokesman for the group said on Friday.

The pollution involved oil leaks from an old pipeline network that reached the sea when the authorities started work to expand Djibouti port.

"Criminal prosecutions were launched in 1997 against the two Total subsidiaries in the country, Total Djibouti and Total Marketing," the spokesman said, adding that each subsidiary would have to pay damages of 100 million euros and a 2 million euro fine.

The court made the ruling on November 17, and the two subsidiaries appealed on November 19.

According to French weekly Le Point.fr, Total has three months to clean up the sites hit by the pollution or face daily fines of several thousand euros.

($1 = 0.7506 euros)

(Reporting By Benjamin Mallet; Writing by Muriel Boselli; Editing by Will Waterman)


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