Russo

I. Background

21 The following allegations from the complaint are accepted as true in resolving the motions. 22 Mr. Russo began working as a janitor in May 2019. He worked in Menlo Park and Palo 23 Alto, California and his supervisor was Ms. Woulfe. He was employed at first by Ben Fitzgerald. 24 In August 2019, “unbeknownst” to Mr. Russo, he began working for Federal Medical. Ms. Woulfe 25 remained his supervisor. 26 Mr. Russo regularly worked more than eight hours per day and/or 40 hours per week while 27 employed by Ben Fitzgerald and Federal Medical. The companies failed to pay him the required minimum and overtime wages for the hours he worked. They also failed to provide Mr. Russo with the meal and rest breaks to which he was entitled, nor did they provide him itemized wage statements as required by California law. Ms. Woulfe told Mr. Russo several times that there would be no overtime or pay raises issued. Mr. Slattery is the CEO and owner of Federal Medical and Mr. Tate is the CEO and owner of Ben Fitzgerald. According to the complaint, Ms. Woulfe was a “managing agent” for both Federal Medical and Ben Fitzgerald and was Mr. Russo’s…