Dejohnn Porch v. Masterfoods USA, Inc.

MEMORANDUM

The district judge did not err in granting summary judgment against DeJohnn Porch on his first two causes of action, for (1) failure to pay nonexempt employees overtime wages and (2) failure to provide lunch periods in violation of Cal. Labor Code § 512 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The evidence established no genuine issue of fact to support his claim that he was prevented from taking the half hour lunch break to which he was entitled. Porch was not barred from leaving the premises during his lunch break, and he was not barred from obtaining overtime pay for working through his lunch break. There was no evidence that Porch was deprived of any breaks to which he was entitled or put in claims for any overtime he did not receive, and the evidence was uncontradicted that employees who did report overtime were paid the overtime and were not penalized for reporting it whether or not the overtime was pre-authorized. No genuine issue is established by Porch’s evidence that his supervisor could see him eating lunch at his desk and should have known that he was working overtime even though he did not put in claims. Employees were free to…