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California Court of Appeal


Seymore v. Metson Marine, Inc., A127489

In a labor and wages dispute under Labor Code section 1194, summary judgment in favor of defendant is reversed because defendant may not artificially designate the workweek in such a way as to circumvent the statutory requirement to pay overtime rates and where restrictions placed on plaintiffs during their on-call hours, including the requirement that they sleep onsite and remain within no more than 45 minutes of worksite at all times, subjected plaintiffs to control of defendant for the full 14-day hitch, so that the on-call hours constituted time worked.

Appellate Information

  • Argued 04/15/2011
  • Decided 04/15/2011
  • Published 04/15/2011

Judges

  • Pollak

Court

  • California Court of Appeal

Counsel

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