Kuciemba v. Victory Woodworks Inc., 14 Cal. 4th 993 (2023)
See our in-depth analysis HERE.
Adolph v. Uber Technologies Inc., 14 Cal. 5th 1104 (2023)
See our in-depth analysis HERE.
Woodworth v. Loma Linda University Medical Center, No. E072704, 2023 WL 4701976 (Cal. Ct. App. July 24, 2023)
Summary: Employers may not round time punches, even if the rounding is neutral, if the employer can, and has, accurately recorded employee time.
PAGA actions should not be stricken because they are unmanageable.
Facts: Plaintiff Nicole Woodworth was a registered nurse at Defendant Loma Linda University Medical Center. Plaintiff filed a class and Private Attorneys General Act (PAGA) action against Defendant after her employment ended alleging, among several other wage-and-hour violations, a claim for failure to pay overtime wages partially premised on the employer’s time rounding practice. Defendant had a neutral rounding policy that rounded employee time punches to the nearest tenth of an hour. This resulted in slightly over half of employees being paid for more time than they were on the clock and slightly less than half of employees being paid for less; the remaining employees were unaffected. Defendant filed, among other motions, a motion for summary adjudication as to the rounding claim based on Defendant’s neutral rounding practice, which was granted. Defendant also filed a motion to strike the PAGA claim as unmanageable, which was denied as moot. The parties filed cross-appeals....
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