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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.

Similarly, Judge Boone recommended dismissing her California Labor Code claims, as they merely assert that the piece-rate system resulted in improper compensation and that workers couldn't take meal breaks.

"Couched in formulaic recitations of statutory language, the first amended complaint alleges that plaintiff and the class were 'routinely required to work' without a meal break. The [complaint] otherwise fails to provide any supporting factual allegations," Judge Boone wrote.

Magistrate OT Suit : Key Allegations Missing

Reyes' complaint fails to include essential information such as the hours she typically worked per week, her hourly wage, or an estimate of the amount of minimum and overtime wages she believes she is owed — details that could potentially sustain her complaint, the magistrate judge found.

Reyes filed her proposed class action in January, alleging that over the past four years, the companies haven't provided meal periods or compensated hundreds of workers for unused meal periods and rest breaks.

California Labor Law Requirements

Under California law, employees who work more than five hours are entitled to a 30-minute meal break unless there is a mutual waiver of the meal periods or if the shift is six hours total. Reyes also alleged that the companies haven't been paying time-and-a-half overtime premiums even though employees worked over 40 hours a week, all wages owed upon separation of employment, or providing accurate wage statements.

Magistrate OT Suit : Alleged AWPA Violations

Those actions also violate the AWPA, Reyes claimed, as the companies provided misleading information about the terms of employment and violated the terms of their working arrangements. According to Reyes, the job postings promised workers minimum and overtime wages.

Additionally, Reyes filed a claim under PAGA, which allows workers to sue employers for labor law violations on behalf of the state and other workers.

Legal Representation and Next Steps

Representatives of the parties did not immediately respond to requests for comment Wednesday.

Reyes is represented by Stan S. Mallison, Hector R. Martinez, and Cody A. Bolce of Mallison & Martinez. The companies are represented by Jacob Waschak, Landon R. Schwob, and Melissa Huether of Fisher Phillips LLP.