Altiery

I. BACKGROUND

Defendant is a northern California civil engineering and materials manufacturing company. Throughout its nine divisions, defendant employs several hundred union and nonunion employees in nonexempt positions, with the unionized trade employees operating under multiple collective bargaining agreements. The company’s onsite construction and mining operations are governed by Industrial Welfare Commission Wage Order No. 16. A different order, Wage Order No. 1, applies to employees not covered by Wage Order No. 16. Both orders provide for rest periods “based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof,” unless the employee’s “total daily work time is less than three and one- half (3 1/2) hours.” (Cal. Code Regs., tit. 8, §§ 11010(12)(A), 11160(11)(A)-(C).) Plaintiff is a cement mason who worked for defendant from October 2010 to November 2015. He filed a putative class action alleging that defendant failed to provide off-duty rest periods (Lab. Code, § 226.7; second cause of action) and committed unfair business practices (Bus. & Prof. Code, § 17200, et seq.; fourth cause of action). The…