Castillo
Castillo v. Glenair, Inc.
Opinion
lead Opinion
Lui, J.
*266 In a joint employer arrangement, can a class of workers bring a lawsuit against a staffing company, settle that lawsuit, and then bring identical claims against the company where they had been placed to work. We answer no.
This wage and hour putative class action involves the relationship between a temporary staffing company (GCA Services Group, Inc. (GCA) ), its employees (appellants Andrew and David Castillo), and its client company (respondent Glenair, Inc.). The Castillos were employed and paid by GCA to perform work on site at Glenair. Glenair was authorized to and did record, review, and report the Castillos' time records to GCA so that the Castillos could be paid. The Castillos characterize GCA and Glenair as joint employers. As explained below, the undisputed facts of this case demonstrate both that Glenair and GCA are in privity with one another for purposes of the Castillos' wage and hour claims, and that Glenair is an agent of GCA with respect to GCA's payment of wages to its employees who performed services at Glenair.
These findings of privity and agency are significant. While this case was pending, a separate class action brought against, among others, GCA…