Jernagin

BACKGROUND

A class action complaint filed in July 2006 alleged that the defendant City of Los Angeles (the City) failed to provide meal breaks to sanitation truck drivers employed by its Bureau of Sanitation/Recycling Collection Division of the Department of Public Works, in violation of law. The plaintiff contended that he and the putative class members routinely worked more than five hours per day without receiving a 30-minute, duty-free meal break, in violation of Labor Code sections 226.7 and 512, and Industrial Welfare Commission (IWC) Wage Order 9-2001 (Cal. Code Regs., tit. 8,

1 This explains why the case caption in this court differs from the trial court caption, which identifies Jose Gravina—who is not a party to this appeal—as the plaintiff.

2 § 11070) (Wage Order 9).2 The complaint sought monetary damages and other relief, including wages for one additional hour for each work day that a meal break was not provided. The City answered on January 31, 2007. The City moved for judgment on the pleadings, contending that its constitutional powers as a charter city exempt it from sections 226.7 and 512, and from the meal-break provisions of Wage Order 9. Following extensive…