Defendant Bristol Farms’ Demurrer to Complaint, as to its second cause of action, is overruled.
Defendant must file an Answer within 10 days. Both sides’ Requests for Judicial Notice are denied as irrelevant.
Plaintiff’s Complaint alleges in paragraphs 14 and 24 that defendants violated Labor Code §226(a) as to plaintiff and aggrieved employees by failing to identify the applicable rate of pay and hours worked for “Bonus-OT Adj” wages on wage statements furnished to plaintiff and aggrieved employees. This alleged violation falls under Labor Code §226(a)(9). The list of statutes in Labor Code §2699.5 on which a PAGA claim may be based includes Labor Code §226(a)(9). Thus, plaintiff states a viable PAGA claim regardless of whether or not Labor Code §226(a)(9) also falls within Labor Code §2699(a) as a statute that allows the LWDA to recover penalties, the issue on which both parties focus, and which in any event was resolved in plaintiff’s favor in Raines v. Coastal Pacific Food Distribu
Hearing Date
January 22, 2021
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Defendant Bristol Farms’ Demurrer to Complaint, as to its second cause of action, is overruled.
Defendant must file an Answer within 10 days. Both sides’ Requests for Judicial Notice are denied as irrelevant.
Plaintiff’s Complaint alleges in paragraphs 14 and 24 that defendants violated Labor Code §226(a) as to plaintiff and aggrieved employees by failing to identify the applicable rate of pay and hours worked for “Bonus-OT Adj” wages on wage statements furnished to plaintiff and aggrieved employees. This alleged violation falls under Labor Code §226(a)(9). The list of statutes in Labor Code §2699.5 on which a PAGA claim may be based includes Labor Code §226(a)(9). Thus, plaintiff states a viable PAGA claim regardless of whether or not Labor Code §226(a)(9) also falls within Labor Code §2699(a) as a statute that allows the LWDA to recover penalties, the issue on which both parties focus, and which in any event was resolved in plaintiff’s favor in Raines v. Coastal Pacific Food Distribu