Omar Guerra v. Clary Corporation
Opinion
Trial Court Opinion
I.
FACTUAL AND PROCEDURAL BACKGROUND2
Guerra was an employee of Volt Information Sciences, Inc. and Clary Corporation in Monrovia, California as a machine operator for about two years, approximately spanning from March 2018 until May 2020. Compl. ¶¶ 41, 44 [Doc. # 1-1.] Throughout his employment, he performed his job duties in a satisfactory manner without any negative performance reviews. Id. ¶ 41.
In or around late March 2020, Guerra began to display COVID-19 symptoms. Upon falling ill, he began to self-quarantine and did not go to work. On April 2, 2020, he went to the hospital where he tested positive for COVID-19 and was hospitalized in critical condition for 15 days. Throughout his hospital stay, he remained in contact with his employer regarding how long he would be unable to work. He alleges that Defendants did not provide him with 80 hours of paid sick time as required by the Families First Coronavirus Response Act (“FFCRA”). Id. ¶ 43.
1 Defendant Volt Information Sciences, Inc. (“Volt”) did not join the MTD.
2 The Court accepts Guerra’s allegations as true for the limited purpose of deciding the motion to dismiss.