Arana
Arana v. Rudy's Wholesale Corp. CA2/1
Opinion
Opinion
Weingart, J.
BACKGROUND
A. Arana’s Employment Rudy’s was a wholesale distributor of food and supplies to lunch trucks. It had approximately five employees in addition to Rodolfo and Teresa. Between 1993 and January 22, 2022, Arana worked for Rudy’s as a general laborer, performing tasks such as cleaning, loading, delivery driving, and stocking. Arana reported to Teresa and received work assignments from Rodolfo. It is undisputed that Arana did not clock in or otherwise record the hours he worked, nor did Rudy’s require him to do so. In January 2022, Rudy’s closed following an asset sale.
3 B. Arana Sues Rudy’s On December 1, 2021, Arana sued Rudy’s for wage and hour violations.2 On June 8, 2023, Arana filed a first amended complaint (the Complaint), which added Rodolfo and Teresa as defendants. The Complaint alleged as follows: Between December 1, 2017 and July 2021, Arana worked 12-hour days, six days a week, and then beginning in July 2021, he worked eight- hour days, Monday through Friday. At all relevant times, Rudy’s paid Arana a gross weekly wage of $420. However, his pay stubs did not state his hourly wage rate or how many hours he worked per pay period. Further, Rudy’s did not…