Bernstein
Bernstein v. Virgin America, Inc.
Opinion
Lead Opinion
Tigar, J.
ORDER REGARDING MOTION FOR SUMMARY JUDGMENT
Re: ECF No.
Before the Court is Defendant Virgin America’s motion for summary judgment. ECF No. 97. The Court will deny the motion in part and grant the motion in part.
I. BACKGROUND
The Plaintiffs are flight attendants who currently work or have previously worked for Defendant Virgin America, Inc. (“Virgin”). In this class action against Virgin, the Plaintiffs allege that Virgin did not pay them for hours worked before, after, and between flights; time spent in training; time on reserve; time spent taking mandatory drug tests; and time spent completing incident reports. See First Amended Class Action Complaint, ECF No. 32 ¶¶ 28-41. The Plaintiffs further allege that Virgin did not allow flight attendants to take meal or rest breaks, failed to pay overtime and minimum wages, and failed to provide accurate wage statements. H.
A. Factual Summary
1. The Parties
Virgin is an airline company that is headquartered in Burlingame, California. Depo. of Valerie Jenkins, ECF No. 44-1 at 71:4. 1 Virgin trains its flight attendants in California, and it has received millions of dollars from the State of California to do so. ECF No. 101,…