Certified Tire & Serv. Ctrs. Wage & Hour Cases, 28 Cal. App. 5th 1 (2018)

Plaintiffs in this certified wage and hour class action contend that Certified Tire violated applicable minimum wage and rest period requirements by implementing a compensation program, which guaranteed its automotive technicians a specific hourly wage above the minimum wage but also gave them the possibility of earning a higher hourly wage for all hours worked based on certain productivity measures. Following a bench trial, the trial court entered judgment in favor of Certified Tire. The Court of Appeal affirmed, holding that the employees were always paid at an hourly rate that exceeded the minimum wage for all hours worked regardless of the type of work involved, and they were provided paid rest periods on the clock as required by law. See also Payton v. CSI Elec. Contractors, Inc., 27 Cal. App. 5th 832 (2018) (trial court properly denied class certification to two putative classes of employees based upon conclusion that individual questions would predominate and Payton was not an adequate class representative).