Lewings

FACTS

The TAC asserted allegations on behalf of all nonexempt or hourly employees who worked for Chipotle in California in the four years preceding October 22, 2013. According to those allegations: A company named Shoes For Crews markets its nonslip

1 All further statutory references are to the Labor Code unless otherwise indicated. 2 On July 1, 2015, we issued our original opinion reversing the judgment in its entirety. Chipotle filed a petition for rehearing, and we requested an answer from Lewings. We granted the petition for rehearing.

2 shoes (SFC shoes) to employers by offering to reimburse them for thousands of dollars in workers’ compensation related medical expenses if an employee is injured in a slip and fall while on the job.3 Chipotle implemented a Shoes For Crews program in which employees were permitted to buy SFC shoes directly from Shoes For Crews or through a payroll deduction. This is considered a safety program or good safety practice by workers’ compensation carriers. Based on its employees wearing SFC shoes, Chipotle obtained a reduction in its workers’ compensation premiums. On two occasions, Chipotle deducted $30 to $40 from Lewings’s wages. At one point,…