Morrow-Meadows Wage and Hour Cases CA2/6

Filed 1/6/21 Morrow-Meadows Wage and Hour Cases CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

MORROW-MEADOWS WAGE 2d Civ. No. B298816 AND HOUR CASES. JCCP No. 4858 (Los Angeles County Super. Ct. No. BC590427, San Diego County Super. Ct. No. 37-2015- 00033224-CU-OE-CTL)

This appeal involves a pair of complex civil actions that were coordinated for trial. The first was a class action brought against the Morrow-Meadows Corporation by Marie Pacheco and Rafael Robinson (collectively, Appellants) that alleged violations of various Labor Code and Business and Professions Code provisions. It did not seek relief pursuant to the Private Attorney General Act (PAGA). The second was brought by Araceli Noriega. In contrast to the Pacheco action, the Noriega action did not seek classwide relief, but did seek PAGA relief. After the actions were coordinated for trial, Noriega amended her complaint to encompass the claims set forth in the

Pacheco complaint. She then entered into a settlement agreement with Morrow-Meadows that released all claims against the company. The trial court certified the class action, approved the settlement, and entered judgment accordingly. Appellants contend the court erred when it: (1) deemed Noriega an adequate class representative, and (2) approved the settlement. Because we agree with Appellants’ first contention, we do not reach the second. We reverse. FACTUAL AND PROCEDURAL HISTORY The complaints Morrow-Meadows is an electrical contractor. About 95 percent of its hourly employees are unionized field workers. The other five percent are nonunionized office workers. Pacheco is a former Morrow-Meadows employee. In August 2015, she filed a class action complaint on behalf of all current and former hourly employees who had worked for Morrow-Meadows in California since August 2011. In it, she alleged that Morrow-Meadows did not: (1) pay minimum wages, (2) pay overtime wages, (3) timely pay wages, (4) reimburse business expenses, (5) provide meal and rest periods, (6) provide compliant wage statements, or (7) keep the requisite payroll records. She also alleged that Morrow-Meadows engaged in unlawful business practices. She sought classwide damages for unpaid wages, premium wages, actual damages, restitution of unpaid wages, statutory penalties, interest, and attorney fees, but did not seek PAGA relief. Robinson was added as a named plaintiff the following year. Noriega filed her complaint in October 2015. She alleged causes of action for minimum wage violations, overtime violations, failure to reimburse business expenses, meal and rest