In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. Court of Appeals for the Ninth Circuit affirmed the application of California wage-and-hour laws to employees who worked both within and outside of the state.

Prior case law established that California’s wage-and-hour laws apply to non-California residents

The U.S. Court of Appeals for the Fifth Circuit has ordered courts to discontinue using a “two-step” certification process where the first step customarily results in the distribution of notice of opt-in rights to putative class members.

The order affirmatively rejects the nearly “universal” approach of the 1987 New Jersey district court opinion, Lusardi v.