Work policy made employees miss off-duty, uninterrupted meal and rest periods, petitioners claim
A recent case explored the interplay between claims under the Private Attorneys General Act (PAGA) of 2004 and the rule of exclusive concurrent jurisdiction, which provides that, when more than one court has subject matter jurisdiction over a dispute, the court that first claimed jurisdiction would exclusively assume such jurisdiction.
In Shaw et al. v. Superior Court of Contra Costa County, the petitioners filed an action under PAGA, which sought to represent wronged employees who worked for Beverages & More!, Inc. at any time since a year before the filing of the petitioner’s PAGA notice.
The petitioners alleged that the employer had a two-person policy, which required the presence of two workers in its open store locations, which effectively deprived employees of off-duty, uninterrupted meal and rest periods. They did not receive premium pay for the meal and rest periods that they missed.
The petitioners claimed that the employer violated the following provisions of the Labor Code:
Over a year before the petitioners initiated their case, Tatiana Paez filed a PAGA representative action against the same...
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