Morales

This appeal addresses a collective action alleging nonpayment of overtime, as required by state law under Labor Code section 510 and federal law under the Fair Labor Standards Act of 1938 (FLSA; 29 U.S.C. § 201 et seq.). We conclude that the trial court properly entered judgment for defendant on the FLSA claim. Defendant proved the amusement or recreational exemption ( 29 U.S.C. § 213 (a)(3); the amusement exemption) as an affirmative defense and plaintiffs failed to show error in the denial of their nonsuit motion, in the jury instructions, in the verdict form or in the court’s exclusion of witnesses from the courtroom. We also conclude that the trial court properly sustained defendant’s demurrer to the section 510 claim, but further conclude that the court erred in denying leave to amend.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff Jose Luis Morales and 177 other similarly situated plaintiffs (collectively appellants) sued their employer, the 22nd District Agricultural Association of the State of California (the DAA), alleging nonpayment of overtime, as required by state law under section 510 and federal law under the FLSA. The DAA is a California agency that owns and…