California Court of Appeal

Trial court erred in sustaining the demurrer to plaintiff's causes of action for violation of the Fair Labor Standards Act and California wage and hour laws, where: 1) defendant county and Joint Authority may be joint employers of in-home support services providers (IHSS), such as plaintiff; 2) the trial court erred in sustaining the demurrer on the alternative basis of the domestic service companionship exception where there existed factual questions as to what activities constituted the general household work she alleged she performed and whether such work exceeded 20 percent of her total weekly hours worked; 3) the trial court erred in determining that defendant County and Public Authority were not employers of IHSS providers for purposes of California law; and 4) public agencies are not exempt from the provisions of California wage order No. 15-2001. (Modified opinion)

Appellate Information

• Decided 03/11/2013
• Published 03/11/2013

Judges

• KLINE

Court

• California Court of Appeal

Counsel