Durham v. Sachs Electric Company

I. BACKGROUND

13 This wage and hour class and PAGA action arises out of Plaintiff William Durham and the proposed class members’ employment by Defendant Sachs Electric Company (“Sachs”) at the California Flats Solar Project. Presently before the Court is Plaintiff’s Motion for Class 17 Certification. Mot., ECF 45. Durham seeks to certify four California classes (two classes and two 18 subclasses) under Rule 23(b)(2). For each class, Durham seeks to bring the following five claims: 19 (1) failure to pay wages for hours worked under Cal. Labor Code § 1197; (2) wage statement and 20 record-keeping violations under Cal. Labor Code § 226; (3) failure to pay waiting time wages 21 under Cal. Labor Code § 203; (4) violation of Cal. Labor Code § 2802; and (5) violation of California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code §§ 17200, et seq. Durham separately brings a representative claim for the recovery of civil penalties under the California 25 Private Attorney General Act (“PAGA”), Cal. Labor Code § 2698, et seq. See First Am. Compl. 26 (“FAC”), ECF 13 at 1, 7-15. 27 the parties, the Court deferred ruling on this motion until it…