As expected, the Supreme Court will file tomorrow its opinions in Augustus v. ABM Security Services, Inc. and People v. Miami Nation Enterprises, which are the last two undecided late-September calendar cases. [Disclosure: Horvitz & Levy filed an amicus brief in the Augustus case.]
The Miami Nation Enterprises raises the issue whether a payday loan company owned by a federally recognized Indian tribe is entitled to tribal sovereign immunity, and thus exempt from state regulation, if the day-to-day management of the business is handled by a third party management company that is not affiliated with the tribe and pays the tribe a small percentage of the gross revenues.
In Augustus, the court is expected to answer these questions: (1) Do Labor Code, § 226.7 and Industrial Welfare Commission wage order No. 4-2001 require that employees be relieved of all duties during rest breaks? (2) Are security guards who remain on call during rest breaks performing work during that time under the analysis of Mendiola v. CPS Security Solutions, Inc. (2015) 60 Cal.4th 833?
The opinions can be viewed tomorrow starting at 10:00 a.m.