Diaz
Diaz v. Rescare, Inc et.al.
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 CASE NO. 4:20-cv-01333 YGR SUSANA DIAZ,
ORDER GRANTING MOTION FOR
Plaintiff, JUDGMENT ON THE PLEADINGS
v. Re: Dkt. No. 32
RESCARE INC., ET AL.,
10 Defendants.
Plaintiff Susana Diaz brings this putative wage-and-hour class action against defendants Rescare, Inc. and RSCR California, Inc. Now pending is defendants’ motion for judgment on the pleadings with respect to Diaz’s claim for alleged violations of the Healthy Workplaces, Healthy Families Act of 2014 (“HWHF”), which is the fifth claim in the First Amended Complaint (“FAC”). Defendants argue that this claim fails as a matter of law because the HWHF does not contain a private right of action. Having carefully considered the pleadings and the parties’ briefs, and for the reasons set forth below, the Court GRANTS the motion for judgment on the pleadings WITH LEAVE TO AMEND. I. BACKGROUND Diaz alleges as follows: She worked for defendants as a non-exempt, hourly employee…