Cirrincione

BACKGROUND

We summarize the relevant background and add facts throughout the Discussion section where necessary to resolve the claims raised on appeal.

1 The Operative Complaint and Class Certification Motion ASL is in the business of renting heavy machinery equipment such as scissor lifts and machine booms. It is headquartered in Stockton and has locations in West Sacramento, Stockton, Morgan Hill, and El Cajon. From approximately August 2013 to September 2016, plaintiff worked for ASL in Stockton as a non-exempt, hourly employee. His primary duty was to paint rental equipment; he also welded, sanded, cleaned, assembled, and delivered the equipment. Plaintiff and other hourly employees were eligible for production bonuses each pay period (twice a month), based on the amount of equipment they prepared for rental. In April 2018, plaintiff filed a class action complaint against ASL and others. 1 The operative complaint, the second amended complaint, was filed in March 2019. It alleged causes of action for failure to pay overtime wages (Lab. Code, §§ 510, 11942; Wage Order No. 16-2001 (Cal. Code Regs., tit. 8, § 11160, subd. 3(A), hereafter Wage Order No. 16), failure to pay…