Driscoll v. Graniterock Co., 2016 WL 6994923 (Cal. Ct. App. 2016)

Brian Driscoll, et al., filed a putative class action against their employer, Graniterock, on behalf of 200 current and former concrete mixer drivers for its alleged failure to provide employees with off-duty meal periods and an additional hour of pay for meal periods during which the drivers opted to continue working. The class was certified, and the case was tried without a jury. The trial judge ruled in favor of Graniterock. The Court of Appeal affirmed the judgment, holding that there was “no evidence at trial that any mixer driver was ever denied an off-duty meal period … [and] the evidence showed that any concrete mixer driver who did not sign an On-Duty Meal Period Agreement, or revoked such agreement, was provided one hour of pay as required by law.” The Court noted that Graniterock’s policies regarding meal periods are particularly appropriate in the context of the ready mix concrete industry because mixer drivers manage a rolling drum of freshly batched concrete at various times throughout their work day.