Zavala
Zavala v. Scott Brothers Dairy, Inc.
Opinion
Opinion
Aldrich, J.
INTRODUCTION
Plaintiffs Robert Zavala and a class of employees sued their employer, defendant Scott Brothers Dairy, Inc. (the Dairy). Plaintiffs asserted an unfair business practices cause of action and two wage claims under provisions of the Labor Code and wage orders issued by the Industrial Welfare Commission (IWC) that concerned itemized wage statements and rest periods. The trial court denied the Dairy’s petition to compel arbitration (Code Civ. Proc., § 1294, subd. (a)) and the Dairy appeals. We conclude that the trial court did not err, and affirm the order.
FACTUAL AND PROCEDURAL BACKGROUND
Zavala, a former employee of the Dairy, filed this class action lawsuit. The lawsuit alleged that the Dairy failed to provide him and other similarly situated employees with statutory rest breaks and properly itemized wage statements, in violation of Labor Code sections 226 and 226.7 and IWC wage orders. Plaintiffs alleged that the Dairy had a consistent policy of failing to provide hourly employees with rest periods of at least 10 minutes per four hours worked, and failing to pay employees one hour of pay for each workday that rest periods were not provided. The complaint…