The Court of Appeal of California affirmed in part and reversed in part a trial court’s decision to deny Plaintiff’s class certification motion.
Plaintiff Penny filed a class action lawsuit on behalf of herself and all others similarly situated against her employer Prime Healthcare Servicers-San Dimas, LLC (San Dimas). Penny worked for San Dimas as a certified nurse assistant from August 14, 2008 to November 6, 2009. Penny sought certification of six classes for: 1) employees who did not receive overtime pay for working beyond their shift hours, 2) employees who did not receive their regular rate pay because of a miscalculation by San Dimas; 3) employees who were not paid all of their wages; 4) employees who left the company and were not paid adequate wages upon termination; 5) employees who were not provided legally complaint meal periods; and 6) employees who were not provided pay stubs that included all legally required information.
The court found that Penny did not provide enough evidence to meet the numerosity, commonality and typicality requirements of a class action for classes 1-5. However, the court found that Penny did present evidence sufficient for class 6. Penny offered evidence that the pay stubs she and other employees received did not provide all information required by California Labor Code Section 226. (Labor Code section 226 requires every employer to furnish each of his or her employees an accurate itemized statement in writing showing gross wages earned; total hours worked by the employee; and all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee.)