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1 TIMOTHY J. LONG (STATE BAR NO. 137591)
tjlong@orrick.com ' . -
2 NICHOLAS J. HORTON (STATE BAR NO. 289417) ENDORSED
nhorton@orrick.com
3 ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3O0O DEC 2 1 2018
4 Sacramento, CA 95814-4497
Telephone: +1 916 447 8299
5 Facsimile: +1 916 329 4900 By. T. Elder
Deputy Clerk
6 Attomeys for Defendant
HEALTH NET OF CALIFORNDSL, INC.
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
of herself and on behalf of all persons CU-OE-GDS
11 similarly situated.
Plaintiff,
12 DECLARATION OF DIANE RODES IN
SUPPORT OF MOTION AS TO WHY
13 ARANA'S CASE SHOULD NOT
PROCEED AS A PAGA
HEALTH NET OF CALIFORNIA, INC., a REPRESENTATIVE ACTION
14 Califomia Corporation; and Does 1 through
50, inclusive. Date: April 11,2019
15 Time: 10:00 a.m.
Defendants. Dept: 35
16 Judge: Hon. Alan G. Perkins
17 Complaint Filed: April 5, 2017
FAC Filed: June 29,2017
18
19 TOMAS R. ARANA, on behalf of hunsel^ all
others similarly situated, Complaiht FUed: August 1,2017
Consolidated Complaint FUed: Dec. 21,2017
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Plamtiff,
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HEALTH NET OF CALIFORNL\, INC., a
23 CaUfomia corporation; and DOES 1-50,
inclusive.
CO 24 Defendant.
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QC
DECLARATION OF DIANE RODES IN SUPPORT OF MOTION
AS TO WHY ARANA'S CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATIVE ACTION
1 I, Diane C. Rodes, declare as follows:
2 1. I am the Director of Human Resources for Health Net, Inc. ("HNF'). I have been
3 employed in this position since 2000. As part of my job duties, I am famiUar with the human
resources functions of Health Net of Califomia, Inc. ("HNCA"), a subsidiary of HNI. AU of the
5 information contained in this declaration is based upon my personal knowledge or, where context
6 indicates, review ofthe records described herein. If caUed and swom as a witness, I could and
7 would competently testify to the matters in this declaration.
8 2, HNCA operates as a health maintenance organization ("HMO") in Califomia and
9 provides health insurance products such as commercial HMO plans and healthcare service plans.
10 HNCA serves customers—^refeCTcd to as members—over the telephone out of its call centers in
11 Rancho Cordova and Woodland HUIs, Califomia.
12 3. PlaintiffTomas Arana began working put ofthe Rancho Cordova caU center in
13 2008 and continues to work there now. He worked as a non-exempt Customer Service
14 Representative until his promotion on or about November 14,2015, to Contact Center Analyst,
15 which is an exempt position. Since June 2017, Mr. Arana has been working as a Call Center
16 Systems Analyst I, which is also an exempt position.
17 4. I understand that Mr. Arana seeks to bring a representative action on behalf of all
18 non-exempt employees of HNCA in California, as well as all persons employed by any staffing
19 agencies and/or any other third parties in hourly or non-exempt positions in Califomia, employed
20 on or after May 9,2016.
21 5. I am informed and beUeved, between May 9,2016, and August 2018,3,650 people
22 worked as non-exempt employees for HNCA in CaUfomia. I am further informed and believe
23 that during this time period, these 3,650 employees worked at a total of 26 locations, including
24 the Woodland Hills call center and the Rancho Cordova call center, and that these 3,650
25 employees had approximately 352 different jobtitlesduring this tune period and worked under
26 approximately 526 different supervisors.
27 6. HNCA's policies have alvyays been to require that all non-exempt employees
28 accurately enter theirtime,including the time they commenced work and the time they stopped
-2-
DECLARATION OF DIANE RODES IN SUPPORT OF MOTION
AS TO WHY ARANA'S CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATIVE ACTION
1 vvork for the day, as weU their meal periods. For example, HNCA's "Associate Policy:
2 Timekeeping," which was in effectfromNovember 15,2012, to December 31,2016, mforms
3 employees that it is their responsibUity to accurately record the actualtimethey work. A tme and
4 correct copy ofHNCA's Associate PoUcy: Timekeeping is attached hereto as Exhibit A.
5 7. On January 1,2017, HNCA'stimekeepingsystem changed from PeopleSoft to
6 EMPCenter. PeopleSoft was an electronic system, but only allowed for manual entries to be
7 typed into the appropriate fields. The EMPCenter timekeeping system is a web-based system that
8 permits employees to log their time with the click of a button; however, EMPCenter also permits
9 manual entries to be typed into the system. The PeopleSoft and EMPCenter thnekeeping systems
10 have always permitted employees to manually enter their start and stop times.
11 I declare under penalty of perjury under the laws of the State of Califomia that the
12 foregoing is trae and coCTCCt.
13 Executed this 21 st day of Decerriber, 2018 in Rancho Cordova, Califomia.
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17 Diane C. Rodes
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4129-I286-1209V.1 ; •" " •.
DECLARATION OF DIANE RODES IN SUPPORT OF MOTION
AS TO WHY ARANA'S CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATIVE ACTION
EXHIBITA
Lodged Conditionally Under Seal
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1 TIMOTHY J. LONG (STATE BAR NO. 137591) tjlong@orrick.com ' . - 2 NICHOLAS J. HORTON (STATE BAR NO. 289417) ENDORSED nhorton@orrick.com 3 ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3O0O DEC 2 1 2018 4 Sacramento, CA 95814-4497 Telephone: +1 916 447 8299 5 Facsimile: +1 916 329 4900 By. T. Elder Deputy Clerk 6 Attomeys for Defendant HEALTH NET OF CALIFORNDSL, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- of herself and on behalf of all persons CU-OE-GDS 11 similarly situated. Plaintiff, 12 DECLARATION OF DIANE RODES IN SUPPORT OF MOTION AS TO WHY 13 ARANA'S CASE SHOULD NOT PROCEED AS A PAGA HEALTH NET OF CALIFORNIA, INC., a REPRESENTATIVE ACTION 14 Califomia Corporation; and Does 1 through 50, inclusive. Date: April 11,2019 15 Time: 10:00 a.m. Defendants. Dept: 35 16 Judge: Hon. Alan G. Perkins 17 Complaint Filed: April 5, 2017 FAC Filed: June 29,2017 18 19 TOMAS R. ARANA, on behalf of hunsel^ all others similarly situated, Complaiht FUed: August 1,2017 Consolidated Complaint FUed: Dec. 21,2017 20 Plamtiff, 21 22 HEALTH NET OF CALIFORNL\, INC., a 23 CaUfomia corporation; and DOES 1-50, inclusive. CO 24 Defendant. 25 i 26 27 28 QC DECLARATION OF DIANE RODES IN SUPPORT OF MOTION AS TO WHY ARANA'S CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATIVE ACTION 1 I, Diane C. Rodes, declare as follows: 2 1. I am the Director of Human Resources for Health Net, Inc. ("HNF'). I have been 3 employed in this position since 2000. As part of my job duties, I am famiUar with the human resources functions of Health Net of Califomia, Inc. ("HNCA"), a subsidiary of HNI. AU of the 5 information contained in this declaration is based upon my personal knowledge or, where context 6 indicates, review ofthe records described herein. If caUed and swom as a witness, I could and 7 would competently testify to the matters in this declaration. 8 2, HNCA operates as a health maintenance organization ("HMO") in Califomia and 9 provides health insurance products such as commercial HMO plans and healthcare service plans. 10 HNCA serves customers—^refeCTcd to as members—over the telephone out of its call centers in 11 Rancho Cordova and Woodland HUIs, Califomia. 12 3. PlaintiffTomas Arana began working put ofthe Rancho Cordova caU center in 13 2008 and continues to work there now. He worked as a non-exempt Customer Service 14 Representative until his promotion on or about November 14,2015, to Contact Center Analyst, 15 which is an exempt position. Since June 2017, Mr. Arana has been working as a Call Center 16 Systems Analyst I, which is also an exempt position. 17 4. I understand that Mr. Arana seeks to bring a representative action on behalf of all 18 non-exempt employees of HNCA in California, as well as all persons employed by any staffing 19 agencies and/or any other third parties in hourly or non-exempt positions in Califomia, employed 20 on or after May 9,2016. 21 5. I am informed and beUeved, between May 9,2016, and August 2018,3,650 people 22 worked as non-exempt employees for HNCA in CaUfomia. I am further informed and believe 23 that during this time period, these 3,650 employees worked at a total of 26 locations, including 24 the Woodland Hills call center and the Rancho Cordova call center, and that these 3,650 25 employees had approximately 352 different jobtitlesduring this tune period and worked under 26 approximately 526 different supervisors. 27 6. HNCA's policies have alvyays been to require that all non-exempt employees 28 accurately enter theirtime,including the time they commenced work and the time they stopped -2- DECLARATION OF DIANE RODES IN SUPPORT OF MOTION AS TO WHY ARANA'S CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATIVE ACTION 1 vvork for the day, as weU their meal periods. For example, HNCA's "Associate Policy: 2 Timekeeping," which was in effectfromNovember 15,2012, to December 31,2016, mforms 3 employees that it is their responsibUity to accurately record the actualtimethey work. A tme and 4 correct copy ofHNCA's Associate PoUcy: Timekeeping is attached hereto as Exhibit A. 5 7. On January 1,2017, HNCA'stimekeepingsystem changed from PeopleSoft to 6 EMPCenter. PeopleSoft was an electronic system, but only allowed for manual entries to be 7 typed into the appropriate fields. The EMPCenter timekeeping system is a web-based system that 8 permits employees to log their time with the click of a button; however, EMPCenter also permits 9 manual entries to be typed into the system. The PeopleSoft and EMPCenter thnekeeping systems 10 have always permitted employees to manually enter their start and stop times. 11 I declare under penalty of perjury under the laws of the State of Califomia that the 12 foregoing is trae and coCTCCt. 13 Executed this 21 st day of Decerriber, 2018 in Rancho Cordova, Califomia. 14 15 16 17 Diane C. Rodes 18 19 20 21 22 23 24 25 26 27 28 4129-I286-1209V.1 ; •" " •. DECLARATION OF DIANE RODES IN SUPPORT OF MOTION AS TO WHY ARANA'S CASE SHOULD NOT PROCEED AS A PAGA REPRESENTATIVE ACTION EXHIBITA Lodged Conditionally Under Seal