Joe Montoya v. Flatiron Dragados USA, Inc.

I. Background

This is an employment action brought under California state law. Plaintiff Joe Montoya alleges that he began working for Defendant Flatiron Dragados USA, Inc. in April 2023 as a Batch Plant Operator. Complaint ¶ 11 (“Compl.”) (Dkt. 2-1). Plaintiff further alleges that in November 2023 he sustained a shoulder injury during work, in August 2024 he began to experience severe pain in his knees, and in late August 2024 he sought treatment for his knee pain. Id. ¶ 19-20. Plaintiff needed surgery on his knees and time off work for treatment. Id. ¶ 20. After undergoing his surgery, Plaintiff gave his employer all relevant medical documentation including a doctor’s note that he could return to work in March 2025. Id. ¶ 22. On January 31, 2025, Plaintiff was terminated. Id.

Plaintiff alleges the following causes of action: (1) Failure to Pay Minimum Wages; (2) Failure To Provide Rest Periods; (3) Failure to Provide Meal periods; (4) Willful Failure To Pay Wages; (5) Failure To Provide Itemized Wage Statements; (6) Violations of Business and Professions Code; (7) Discrimination in Violation of FEHA.; (8) Failure to Engage in a Good Faith Interactive Process in Violation of…