Ballard Rosenberg Golper & Savitt Obtains Summary Judgment in Putative Wage and Hour Class Action Regarding Time Rounding
In a putative wage and hour class action against one of the firm’s well known hotel clients, in which they had previously obtained summary adjudication of Plaintiff’s meal and rest period penalty rate claim (see February 22, 2017 Verdicts/Favorable Outcomes), Richard Rosenberg and David Fishman obtained summary judgment with respect to Plaintiff’s remaining claims. Plaintiff’s remaining claims were premised on the assertion that the hotel’s rounding policy / practice violated California law because it did not compensate employees for all time worked. Plaintiff alleged that, due to the rounding policy, our client failed to pay employees at least minimum wage for all hours worked as well as derivative claims for failure to pay all wages upon termination, inaccurate wage statements, and unfair competition. The Los Angeles County Superior Court Judge in the Complex Division dismissed Plaintiff’s claims concluding that our client’s rounding policy complied with California law because it is both neutral on its face and in application and, as a result, will over a period of time, compensate the employees for all time they actually worked.