Del Fierro v. DynCorp International CA2/6

Filed 5/9/22 Del Fierro v. DynCorp International 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

RAMON DEL FIERRO, 2d Civil No. B312841 (Super. Ct. No. 56-2019- Plaintiff and Appellant, 00534888-CU-OE-VTA) (Ventura County) v.

DYNCORP INTERNATIONAL, LLC,

Defendant and Respondent.

Plaintiff brought an action against his former employer under the Private Attorneys Generals Act (PAGA) (Lab. Code,1 § 2699) for violation of section 226, subdivision (a)(9). Plaintiff was employed by a private contractor on a United States military base. The trial court concluded that plaintiff’s action was barred by the federal enclave rule. (U.S. Const., art. I, § 8, cl. 17.) The court granted defendant judgment on the pleadings. We affirm.

All statutory references are to the Labor Code unless 1

otherwise stated.

FACTS In 1954 the State of California ceded to the federal government the land occupied by the Point Mugu Naval Air Station (Point Mugu). Ramon del Fierro worked for DynCorp International, LLC (DynCorp) at Point Mugu servicing military jets from 2016 to 2019. Because he worked the evening shift, his union contract required that he be paid a shift differential of $1.85 per hour, later raised to $2.05 per hour. Del Fierro’s wage statements showed the total amount of shift differential pay he received and the shift differential hourly rate. The wage statements did not show the total number of shift differential hours he worked. That amount could be easily calculated, however, by dividing the total shift differential pay by the hourly rate. Complaint Del Fierro brought this action against DynCorp on behalf of himself and others alleging that DynCorp violated section 226, subdivision (a)(9) requiring wage statements to show “all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate.” The complaint sought statutory penalties under sections 226.3 and 2699, subdivision (f). Section 226.3 provides, in part: “Any employer who violates subdivision (a) of Section 226 shall be subject to a civil penalty in the amount of two hundred fifty dollars ($250) per employee per violation in an initial citation and one thousand dollars ($1,000) per employee for each violation in a subsequent citation, for which the employer fails to provide the employee a wage deduction statement or fails to keep the records required in subdivision (a) of Section 226.”