|
P1000 Violation of the federal Fair Labor Standards Act's minimum wage and overtime requirements may be the basis of a class action under California's Unfair Competition Law (Business and Professions Code sections 17200 et seq.) and is not pre-empted by the Act, even though the federal law requires potential class members to opt in by consent in writing, while traditional opt-out class actions are available under the California law; unpublished federal decisions may be cited as persuasive authority in California state courts.CitationHARRIS v INVESTOR'S (Opt in / Opt out) 138 CA4 28 [See: B&PC 17200; 29 USC 207, 216, 218; Farmers v Superior Court 2 C4 377]
|
|
