Mendoza v. Nordstrom, Inc., No. 12-57130 (9th Cir. 2017)Annotate this Case
Plaintiffs appealed the dismissal of their claims under the California Labor Code Private Attorneys General Act of 2004 (PAGA) against Nordstrom, alleging violations of California's "day of rest" law. The Ninth Circuit certified three questions of state law to the California Supreme Court in an earlier order and the California Supreme Court answered the questions. In this case, because the facts stipulated that neither plaintiff worked more than six consecutive days in any one Nordstrom workweek, each of their individual claims under Labor Code sections 551 and 552 failed. Therefore, the district court did not err by dismissing the case and thus the panel affirmed the judgment.
This opinion or order relates to an opinion or order originally issued on February 19, 2015.