KILBY v. CVS PHARMACY, INC.

Nos. 12-56130, 13-56095.

739 F.3d 1192 (2013)

Nykeya KILBY, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. CVS PHARMACY, INC., Defendant-Appellee. Kemah Henderson, individually and on behalf of all others similarly situated; Taquonna Lampkins, individually and on behalf of all others similarly situated; Carolyn Salazar, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. JPMorgan Chase Bank NA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 31, 2013.


Attorney(s) appearing for the Case

James T. Hannink , James F. Clapp , Esquire, Zachariah P. Dostart , Dostart Clapp & Coveney, LLP, San Diego, CA, Michael Rubin , Altshuler Berzon LLP, Matthew Righetti , Righetti Glugoski, P.C., San Francisco, CA, Kevin J. McInerney , Esquire, McInerney & Jones, Reno, NV, for Plaintiff-Appellant.

Timothy J. Long , Esquire, Orrick Herrington & Sutcliffe, LLP, Sacramento, CA, Geoffrey Moss , Orrick, Herrington & Sutcliffe LLP, Los Angeles, CA, Michael Weil , Orrick Herrington & Sutcliffe LLP, San Francisco, CA, for Defendant-Appellee.

Before: BARRY G. SILVERMAN, CONSUELO M. CALLAHAN, and N. RANDY SMITH, Circuit Judges.


ORDER

These cases require us to decide, as a matter of California law, the proper interpretation of Section 14 in California Wage Order 4-2001 and California Wage Order 7-2001.1 Both sections address the circumstances under which an employer has an obligation to provide an employee with a seat. We respectfully request that the California Supreme Court exercise its discretion to decide the certified questions set forth below.

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