Guadalupe SALAZAR; Genoveva Lopez; Judith Zarate, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants,
v.
MCDONALD'S CORP., a corporation; McDonald's USA, LLC, a limited liability company; McDonald's Restaurants of California, Inc., a corporation; Bobby O. Haynes Sr. and Carol R. Haynes Family Limited Partnership, dba McDonald's, erroneously sued as Bobby O. Haynes and Carole R. Haynes Family Limited Partnership, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 17, 2018 San Francisco, California.
Catherine K. Ruckelshaus , National Employment Law Project, New York, New York; Shannon Liss-Riordan , Lichten & Liss-Riordan P.C., Boston, Massachusetts; for Amici Curiae National Employment Law Project, Impact Fund, Legal Aid at Work, Centro Legal de la Raza, Asian Americans Advancing Justice—Los Angeles, Los Angeles Alliance for a New Economy, and Equal Rights Advocates.
Karen Marchiano , DLA Piper LLP (US), East Palo Alto, California; Norman M. Leon and John F. Verhey , DLA Piper LLP (US), Chicago, Illinois; for Amici Curiae International Franchise Association and California Restaurant Association.
Robert R. Roginson , Ogletree Deakins Nash Smoak & Stewart P.C., Los Angeles, California, for Amici Curiae Employers Group and Chamber of Commerce of the United States of America.
Winifred Kao , AAAJ — Asian Law Caucaus, San Francisco, California; Aaron Kaufmann , Leonard Carder LLP, Oakland, California; Carole Vigne , Legal Aid at Work, San Francisco, California; Dana J. Hadl , Bet Tzedek Legal Services, Los Angeles, California; Alejandra Cuestas-Jaimes , La Raza Centro Legal; Anna Kirsch , Women's Employment Rights Clinic, Golden Gate School of Law, San Francisco, California; Derek Schoonmaker , Centro Legal de la Raza, Oakland, California; Ben Beach , Partnership for Working Families, Oakland, California; Jora Trang , Worksafe Inc., Oakland, California; for Amici Curiae California Employment Lawyers Association, AAAJ — Asian Law Caucus, Bet Tzedek Legal Services, Centro Legal de la Raza, La Raza Centro Legal, Legal Aid at Work, Partnership for Working Families, Women's Employment Rights Clinic (Golden Gate University School of Law), and Worksafe Inc. Marc A. Pilotin , California Labor and Workforce Development Agency, Sacramento, California; David Balter and Susan A. Dovi , Division of Labor Standards Enforcement, Department of Industrial Relations, Oakland, California; for Amicus Curiae Labor Commissioner.
Partial Concurrence and Partial Dissent by Chief Judge Thomas
ORDER
The majority opinion filed on October 1, 2019, and published at 939 F.3d 1051, is amended by the opinion filed concurrently with this order. Chief Judge Thomas' partial dissent remains unchanged.
With these amendments, Judges Kleinfeld and Graber have voted to deny Appellants' petition for panel rehearing. Chief Judge Thomas has voted to grant it. Judge Graber has voted to deny Appellants' petition for rehearing en banc, and Judge Kleinfeld has so...
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