Shaw

BACKGROUND

Petitioners’ operative first amended complaint in this representative action alleges PAGA-only claims. They contend that defendant Beverages & More!, Inc. (BevMo) maintains a policy that requires the presence of two persons in any store while open (the two-person policy). The two-person policy regularly requires employees to forgo off-duty, uninterrupted meal and rest periods, or, alternatively, premium pay for noncompliant meal and rest periods. As a result of this policy, BevMo failed to pay overtime wages (§§ 510, 1194); failed to provide off-duty meal periods (§§ 226.7, 512); failed to make available off-duty rest periods (§ 226.7); failed to pay all wages due upon termination (§§ 201–203); failed to provide compliant wage statements (§ 226, subd. (a)); and failed to maintain payroll records (§ 1174). Petitioners gave notice to the Labor and Workforce Development Agency (LWDA) under PAGA on July 21, 2020, and they seek to represent aggrieved employees “who have worked for Defendant[] at any time since one year prior to the filing of the PAGA Notice to the trial in this action.” More than a year before petitioners filed suit, Tatiana Paez filed a PAGA representative…