Mondragon

FACTS AND PROCEDURAL BACKGROUND

I. Facts

Let’s Do Lunch, Inc. (defendant) provides “perishable prepared food for schools’ distributors, private-label, and retail customers in California and throughout the United States.” Raphael Mondragon (Mondragon) was hired as a forklift operator at defendant’s Los Angeles-based warehouse in November 2018. He was terminated less than six months later, in April 2019, for being verbally aggressive toward a co-worker. While employed by defendant, Mondragon was required to “come earlier” for his shift than the designated “start time,” but not permitted to clock in until “half an hour or one hour late.” Mondragon’s supervisors also directed him to “punch out” for the day, but to “come back” to finish the day’s work. There were also times that he could not take rest or meal breaks due to the volume of work, but was ordered to clock out to document breaks he never took. As a result, Mondragon’s paystubs did not include the extra hours he worked or premiums for missed breaks. He was also assigned to work “14 or 15 days” “nonstop” without

2 receiving extra pay. Mondragon spent his own money to purchase thermal shirts, pants, protective gloves, and…