HEARING ON MOTION TO/FOR JUDGMENT ON THE PLEADINGS FILED BY
CHEVRON USA, INC.
* TENTATIVE RULING: *
Defendant Chevron, U.S.A. Inc.’s Motion for Judgement on the Pleadings as to Plaintiff Liza Mosqueriola is granted (subject to one inquiry, set forth below).
Background
Plaintiff Mosqueriola formerly worked as an operator at Chevron’s Richmond refinery. Plaintiff Mosqueriola is one of four Plaintiffs filing this class action on behalf of Operators at the Chevron refinery in Richmond. Plaintiffs challenge Defendant Chevron’s practice of scheduling refinery Operators for mandatory “standby” shifts and failing to pay the required reporting time pay. Pursuant to Paragraph 5 of the Wage Order 1-2001, an employee is entitled to reporting time pay when he or she “is required to report for work and does report, but is not put to work or is furnished less than half said employee’s usual or scheduled day’s work.”
In September 2016, a Chevron employee filed a class action (“Anderson action”)
Hearing Date
February 18, 2021
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HEARING ON MOTION TO/FOR JUDGMENT ON THE PLEADINGS FILED BY
CHEVRON USA, INC.
* TENTATIVE RULING: *
Defendant Chevron, U.S.A. Inc.’s Motion for Judgement on the Pleadings as to Plaintiff Liza Mosqueriola is granted (subject to one inquiry, set forth below).
Background
Plaintiff Mosqueriola formerly worked as an operator at Chevron’s Richmond refinery. Plaintiff Mosqueriola is one of four Plaintiffs filing this class action on behalf of Operators at the Chevron refinery in Richmond. Plaintiffs challenge Defendant Chevron’s practice of scheduling refinery Operators for mandatory “standby” shifts and failing to pay the required reporting time pay. Pursuant to Paragraph 5 of the Wage Order 1-2001, an employee is entitled to reporting time pay when he or she “is required to report for work and does report, but is not put to work or is furnished less than half said employee’s usual or scheduled day’s work.”
In September 2016, a Chevron employee filed a class action (“Anderson action”)