Securitas Security Services USA, Inc. v. Superior Court

Good Law
127 Cal. Rptr. 3d 883·197 Cal. App. 4th 115·2011 Cal. App. LEXIS 882
Court of Appeal of CaliforniaJuly 7, 2011No. B227950California2,327 words

Opinion

Lead Opinion

Croskey, J.

*118 Opinion

Michael J. Holland, David Richardson and Geraldine Evans filed a class action complaint against Securitas Security Services USA, Inc. (Securitas), alleging wage and hour violations. Securitas moved for summary adjudication of the second count for nonpayment of mandatory split-shift pay, arguing that plaintiffs working consecutive overnight shifts that are not interrupted by unpaid, nonworking periods do not work split shifts and therefore are not entitled to split-shift pay under the applicable wage order. The trial court denied the motion. Securitas challenges the denial.

We conclude that employees working consecutive overnight shifts that are not interrupted by unpaid, nonworking periods do not work split shifts, as defined in the Industrial Wage Commission’s wage order No. 4-2001 (Cal. Code Regs., tit. 8, § 11040), commonly known as “Wage Order No. 4.” Securitas is not entitled to summary adjudication, however, because it failed to show that plaintiffs háve not worked split shifts in other circumstances falling within the wage order definition. We therefore will deny the petition and remand with directions.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs are…

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