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.
