Universal Protection Service v. Super. Ct.

Good Law
Court of Appeal of CaliforniaAugust 18, 2015C078557California3,058 words

Opinion

Opinion

BACKGROUND

Michael Parnow, Shawn Lisenby, Bob Andrade, Gabriel Bautista, and Saiyaz Abdul (plaintiffs) filed a class action against Universal Protection Service, LP and Universal Services of America, Inc. (collectively, UPS). Plaintiffs alleged they worked as armed security guards at the Yolo County Superior Court, under the employ of UPS. As part of their job, they have to provide equipment, such as guns, handcuffs, and radios, and have to pay the costs to maintain their certification to work as armed guards, but they are not reimbursed for equipment or training costs. When they filed an administrative complaint as required by the Labor Code Private Attorneys General Act of 2004 (PAGA) (Lab. Code, § 2698 et seq.), they were all fired except plaintiff Lisenby, and none were paid their wages. The complaint defined a “Tools and Equipment Class” and a “Termination Class.” On April 10, 2014, the trial court granted a stipulated stay, pending the outcome of a then-pending case in the California Supreme Court. After the Supreme Court issued its decision (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348 (Iskanian)), plaintiffs filed an amended complaint as a…

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