Driscoll

*217 Graniterock is a concrete company that manufactures, delivers and pours concrete. Its customers include home owners, private construction contractors, and contractors on large public works projects, such as schools, airport runways, and roads.

Concrete is delivered by Graniterock's concrete mixer drivers, who assist in loading the concrete into the mixer trucks, delivering the concrete to customers, and pouring the concrete at a construction site.

Graniterock concrete drivers Brian Driscoll, Kenneth Gallardo, Donald Hopf, Chris Nowak and Brad Storm filed this action on January 17, 2008 on *218 behalf of a class of approximately 200 current and former concrete mixer drivers. Plaintiffs claim that Graniterock failed to provide concrete mixer drivers with off-duty meal periods and failed to provide them with *822 one additional hour of pay for meal periods during which the drivers opted to continue working.

Plaintiffs sought restitution under Business and Professions Code section 17200, penalties under the Private Attorney General Act ( ibid. ) and damages and penalties under Labor Code sections 226.7 and 512, subdivision (a). Plaintiffs' principal claim is that Graniterock…