Frausto

INTRODUCTION

18 In this putative class action, named plaintiff Irma Frausto sued her former employer, Bank of 19 America, for state-law wage-and-hour violations, raising six class claims and one representative 20 claim under California’s Private Attorneys General Act (“PAGA”): (1) failure to calculate 21 overtime wages at the correct rate by not including certain bonuses (claim one); (2) failure to 22 provide meal breaks (claim two); (3) failure to provide rest breaks (claim three); (4) failure to pay 23 final wages on time (claim four); (5) failure to provide accurate wage-and-hour statements (claim 24 five); (6) unfair business practices in violation of California’s Unfair Competition Law (“UCL”) 25 (claim six); and (7) a PAGA claim for civil penalties predicated on the overtime and meal-and-rest 26 27 1 breaks claim (claim seven).1 Bank of America moved for summary judgment on the following 2 grounds: (1) it did not err by excluding discretionary bonuses from the wage rate (claim one) 3 because they are not part of regular pay; (2) Bank of America’s meal-and-rest break policy 4 complied with the law, and the plaintiff cannot show that she was forced to forego the…