Class action alleges failure to provide meal and rest periods, pay vacation wages and sick time

The California Court of Appeal recently upheld the trial court’s denial of class certification on the grounds that the employer was a public entity that was not subject to the Labor Code violations that the former employee alleged.

The San Diego Convention Center Corporation (SDCCC) – the defendant in the case of Allen v. San Diego Convention Center Corporation, Inc. – hired the plaintiff as a guest services representative on an hourly basis in 2014. It terminated her in 2019.

The plaintiff filed a class action complaint. She alleged that the SDCCC committed violations of California’s Labor Code by failing to do the following:

• to provide meal periods (sections 226.7, 512, and 1198)
• to provide rest periods (sections 226.7 and 1198)
• to pay hourly wages for time worked during meal and rest periods (sections 223, 510, 1194, 1194.2, 1197, 1197.1, and 1198)
• to pay vacation wages (section 227.3)
• to pay sick time (sections 246 and the following)
• to indemnify the plaintiff and others for the cost of non-slip shoes, which were allegedly necessary to their work (section 2802)
• to provide accurate written wage statements (section 226)
• to timely pay all final wages (sections 201, 202, and 203)

The plaintiff also claimed breaches of the Unfair Competition Law (UCL) and asked for civil penalties under the Private Attorney General Act of 2004 (PAGA) as a representative of current and former...

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