Law360 [subscription] reports that one member of a Ninth Circuit panel said at oral argument this week “that the California Supreme Court should weigh in on whether Apple must pay a certified class of store employees for time spent checking their personal bags.” Video of the oral argument is here.
This wouldn’t be the first time the Ninth Circuit has asked for the Supreme Court’s help on state employment law issues. (E.g., see here and here.) It also wouldn’t be the first time a judge’s oral argument statements preceded a Ninth Circuit request to the Supreme Court. (E.g., here and here.)
