Marty Linebarger v. Graphic Packaging International, LLC

I. BACKGROUND

Linebarger filed his complaint in the Superior Court for the State of California, County of Orange (Case No. 30-2020-01122257-CU-OE-CJC) on January 6, 2020. Compl., ECF No. 1 (pg. 27-32). The complaint alleges one cause of action for penalties pursuant to California Labor Code § 2699(f), et. seq., known as the Labor Code Private Attorney General Act of 2004 (“PAGA”), on behalf of all aggrieved employees. Id. at ¶¶ 10-14. The complaint alleges the following. Linebarger was employed by GPI from October 2018 through February 2019 as a non-exempt employee. Id. at ¶ 5. For at least one year prior to the date, Linebarger “began the process of exhausting administrative requirements” with respect to his claim that GPI consistently had policies that violated PAGA. Id. at ¶ 2. Such violations include the following. GPI failed to pay all minimum and overtime wages earned and required employees to work off-the-clock, including attending meetings and cleaning

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES - GENERAL

Case No. SACV 20-00309 JVS (JDEx) Date 4/22/20 Title Marty Linebarger v. Graphic Packaging International, LLC ¶ 2(b). When rest periods…