Durham v. Sachs Electric Company

I. BACKGROUND

A. California Solar Flats Project Durham alleges that Sachs acted as an employer, co-employer, or joint-employer of Durham and the proposed class members during their work on the California Flats Solar Project, which involved the construction and development of photovoltaic power. FAC ¶¶ 8-9. Relevant

here, Durham alleges that Sachs violated California labor laws when the company “controlled” employees “during the mandated travel time before and after their scheduled shifts.” Id. ¶ 29. The SAC explains: After Plaintiff and class members were “badged in” at the security entrance, they were then required to travel approximately 12 or more miles along a route designated by Defendants, at a slow speed limit designated by Defendants, and using non-public roads controlled by Defendants to reach parking lots controlled by Defendants and arrive by a specific time designated by Defendants. Plaintiff and class members were not able to use this travel time effectively for their own purposes. 12 Id. ¶ 27. “[T]ravel time generally took 45 minutes or more each way.” Id. ¶ 29. 13…