Aleman

Aleman v. Airtouch Cellular

Good Law
146 Cal. Rptr. 3d 849·2012 Cal. App. LEXIS 993·209 Cal. App. 4th 556·2012 WL 4130520·20 Wage & Hour Cas.2d (BNA) 397
Court of Appeal of CaliforniaSeptember 20, 2012No. B231142California11,364 words

Opinion

Lead Opinion

Boren, J.

*562 Opinion

Two members of a putative class—Daniel Krofta and Mary Katz (appellants)—appeal from a trial court order granting summary judgment against them. In this opinion, we examine the application of two provisions from Industrial Welfare Commission wage order No. 4-2001 (Cal. Code Regs., tit. 8, § 11040).

First, we find that appellant Krofta was not entitled to receive “reporting time pay” 1 for attending meetings at work, because all the meetings were scheduled and appellant worked at least half the scheduled time. Second, we find that appellant Krofta was not owed additional compensation for working “split shifts,” 2 because, on each occasion he worked a split shift, he earned more than the minimum amount required by the wage order. Third, we determine that the trial court properly found that appellant Katz released all claims against respondent AirTouch Cellular (doing business as Verizon Wireless) (AirTouch).

Next, we turn to the matter of attorney fees, which were awarded by the trial court in favor of AirTouch. In an earlier opinion, we reversed the trial court’s fees award. We found that both appellants’ claims were subject to Labor Code section 1194, a “plaintiffs…

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