Magistrate Recommends Tossing OT Suit

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Magistrate OT Suit

A federal magistrate judge has advised tossing an unpaid overtime lawsuit against a California cold storage company specializing in packing agricultural goods, but stated the worker should have an opportunity to flesh out her claims.

Magistrate OT Suit : Case Background

In a recommendation issued Tuesday, U.S. Magistrate Judge Stanley A. Boone backed dismissing Sara Reyes’ Migrant and Seasonal Agricultural Worker Protection Act (AWPA), state labor law, and Private Attorneys General Act (PAGA) lawsuit against Grow Smart Labor, Five Diamond Cold Storage, and Grow Smart executives. Although the current complaint is deficient, the magistrate judge recommended Reyes be allowed to amend it to bolster her allegations.

Deficiencies in the Complaint

The companies argued, and Reyes acquiesced, that her complaint lacks the specificity necessary to survive in court. It does not provide detailed facts about her employment, such as her job title, duties, or whether she was ever engaged in agricultural work. The magistrate judge agreed, noting it was devoid of “the most basic facts” and recommended dismissing the AWPA claim.