Aleman v. AirTouch Cellular: Supreme Court Denies Publication Request

In March, the California Supreme Court granted review in Aleman v. AirTouch Cellular (blogged here) pending its decision in Kirby v. Immoos Fire Protection, Inc.  The Court issued its decision in Kirby (discussed here) in April and transferred Aleman back to the Court of Appeal for reconsideration in light of Kirby.  

The Supreme Court today denied the employer's request that the Court of Appeal's prior decision in Aleman be published.  I have not read the briefs, but I assume the request was based on the fact that Aleman covered reporting time and split shift issues that were not impacted by Kirby.  I assume that the Court of Appeal will not change its rulings on those issues, but it will be interesting to see whether the Court of Appeal publishes its decision on remand and, if so, how the Supreme Court responds.