Willner
Willner v. Manpower Inc.
Opinion
Lead Opinion
Tigar, J.
Re: ECF No. 76, 95, 100, 101, 106
ORDER GRANTING IN PART AND DENYING IN PART MANPOWER’S MOTION FOR JUDGMENT ON THE PLEADINGS OR SUMMARY JUDGMENT; GRANTING MOTION FOR LEAVE TO AMEND THE COMPLAINT; GRANTING WILLNER’S MOTION FOR SUMMARY JUDGMENT
Three motions are pending in this putative class action for violations of California labor laws. First, Defendant Manpower moves for judgment on the pleadings or for summary judgment with respect to four of the five claims that Plaintiff Will-ner has asserted in the operative complaint. Second, Willner moves for leave to file a fifth amended complaint. Third, Willner moves for summary judgment on her claim for PAGA penalties in connection with Manpower’s purported violations of California Labor Code section 226. Each of these motions is opposed. For the reasons set forth below, Manpower’s motion for judgment on the pleadings or summary judgment is GRANTED IN PART and DENIED IN PART, and both of Willner’s motions are GRANTED.
I. BACKGROUND
A. The Parties and Claims
Plaintiff Vera Willner is an hourly employee of Manpower, which operates a “temporary employment agency.” Fifth Am. Compl. (“FAC”) ¶ 2. 1 She received her wages from Manpower…