Alfred Johnson v. Winco Foods, LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ALFRED JOHNSON, individually and No. 21-55501 on behalf of other members of the general public similarly situated, D.C. No. Plaintiff-Appellant, 5:17-cv-02288-

DOC-SHK

v.

WINCO FOODS, LLC, a Delaware OPINION limited liability company; WINCO HOLDINGS, INC., an Idaho corporation, Defendants-Appellees,

and

DOES, 1 through 10, inclusive, Defendant.

Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding

Argued and Submitted April 4, 2022 Pasadena, California

Filed June 13, 2022 Before: Mary M. Schroeder, Sidney R. Thomas, and Carlos T. Bea, Circuit Judges.

Opinion by Judge Schroeder

SUMMARY*

California Employment Law

The panel affirmed the district court’s judgment in favor of WinCo Foods, LLC in a class action brought by Alfred Johnson on behalf of himself and other WinCo employees in California (“plaintiffs”), claiming compensation as an employee for the time and expense of taking a drug test as a successful applicant for employment.

The district court entered judgment in favor of WinCo on the…