Another case sent back to Humboldt Superior Court

 

Another case sent back to Humboldt Superior Court.

Another case not covered by any other local media.

Excerpt from background:

On February 25, 2020, Plaintiff filed a class action complaint in Humboldt Superior Court. See Notice of Removal Ex. A (dkt. 1) at 14-43. Plaintiff's claims are as follows: 1) unpaid overtime in violation of Cal. Lab. Code §§ 510 and 1198; 2) unpaid meal period premiums in violation of Cal. Lab. Code §§ 226.7 and 512(a); 3) unpaid rest period premiums in violation of Cal. Lab. Code § 226.7; 4) unpaid minimum wages in violation of Cal. Lab. Code §§§ 1194, 1997, 1197.1; 5) final wages not timely paid in violation of Cal. Lab. Code §§ 201 and 202; 6) wages not timely paid during employment in violation of Cal. Lab. Code § 204; 7) non-compliant wage  statements in violation of Cal. Lab. Code § 226(a); 8) failure to keep requisite payroll records in violation of Cal. Lab. Code § 1174(d); 9) unreimbursed business expenses in violation of Cal. Lab. Code §§ 2800 and 2802; and 10) unfair business practices in violation of Cal. Bus. & Prof. Code § 17200. Id. at 14-41. The Complaint did not assert any claim under federal law, and it did not raise or refer to the collective bargaining agreement ("CBA"). See generally id. Plaintiff alleges he was a hourly-paid, non-exempt employee for Defendant from October of 2017 to August of 2019 in Humboldt County, California. Id. at 20. The gist of Plaintiff's allegations is that Defendant had a pattern or practice of failing to compensate Plaintiff, and other similarly situated employees, for regular and overtime hours worked and for missed meal periods and rest breaks. Id. at 21-22. Other violations of the California Labor Code flowed from these violations, such as failure to provide accurate wage statements and keep accurate payroll records. Id. at 22-24.

Read more:

https://casetext.com/case/gunther-v-n-coast-coop