Torres
Torres v. Merit Aluminum Foundry CA4/3
Opinion
Opinion
Delaney, J.
FACTS
Torres was employed by Foundry from December 2021 to July 2022. Foundry is a subsidiary of Merit Aluminum Inc. (the Parent Company). As a condition of employment, Torres signed a document titled “Mutual Agreement to Arbitrate Claims” (the Agreement).1 In June 2023, Torres filed a putative class action complaint against Defendants alleging claims for failure to pay wages, failure to provide meal and rest periods, failure to provide accurate itemized wage statements, failure to pay wages timely during employment and upon separation of employment, and unfair business practices. A few months later, Torres amended the complaint to add a cause of action for penalties under the Private Attorneys General Act of 2004 (Labor Code, § 2698, et seq.; PAGA).2 The PAGA claim was based on allegations of unpaid wages, including minimum and overtime wages (§§ 201–204, 210, 510, 1182.12, 1194, 1197–1198), meal and rest break violations (§§ 226.7, 512), failure to provide accurate itemized wage
1 Torres does not deny it’s his signature on the Agreement.
2 All further statutory refences shall be to the Labor Code unless
otherwise stated.
2 statements (§ 226), and failure to maintain…