Del Fierro v. DynCorp International CA2/6

FACTS

In 1954 the State of California ceded to the federal government the land occupied by the Point Mugu Naval Air Station (Point Mugu). Ramon del Fierro worked for DynCorp International, LLC (DynCorp) at Point Mugu servicing military jets from 2016 to 2019. Because he worked the evening shift, his union contract required that he be paid a shift differential of $1.85 per hour, later raised to $2.05 per hour. Del Fierro’s wage statements showed the total amount of shift differential pay he received and the shift differential hourly rate. The wage statements did not show the total number of shift differential hours he worked. That amount could be easily calculated, however, by dividing the total shift differential pay by the hourly rate. Complaint Del Fierro brought this action against DynCorp on behalf of himself and others alleging that DynCorp violated section 226, subdivision (a)(9) requiring wage statements to show “all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate.” The complaint sought statutory penalties under sections 226.3 and 2699, subdivision (f). Section 226.3 provides, in part: “Any employer…