Kaanaana v. Barrett Bus. Servs., Inc., 2018 WL 6261482 (Cal. Ct. App. 2018)
The employees in this case (belt sorters who worked at two publicly owned and operated recycling facilities under contracts with Los Angeles County Sanitation Districts) alleged the employers’ failure to pay the prevailing wage and to provide full 30-minute meal periods. The trial court held that the class members were not performing “public work” within the meaning of the prevailing wage law, but the Court of Appeal reversed and held the prevailing wage law applies. The Court further held that the employees were entitled to one hour of pay at the employee’s regular rate for each workday that a full 30-minute meal period was not provided and, in addition, payment of minimum wage for all time worked. Finally, the Court held that on remand the trial court is to consider the amount of civil penalties, waiting time penalties and attorney’s fees owed to the plaintiffs. See also Carrington v. Starbucks Corp., 2018 WL 6695970 (Cal. Ct. App. 2018) (employee established at trial that she suffered at least two meal period violations that were ascertainable and sufficient to form the basis of a PAGA representative action); Sali v. Corona Reg’l Med. Ctr., 909 F.3d 996 (9th Cir. 2018) (plaintiff may obtain class certification under FRCP 23 even though based upon inadmissible evidence).