Silva v. See's Candy Shops

Silva v. See's Candy Shops (CA4/1 D068136, filed 12/9/16, pub. ord. 1/5/16) PAGA/Rounding/Grace Periods



Pamela Silva filed an action against her former employer, See's Candy Shops, Inc., alleging wage and hour violations.  Silva brought the action in her individual capacity, on behalf of a class of See's Candy employees, and on behalf of aggrieved workers under the Private Attorney General Act of 2004 (PAGA).  The court certified a class on Silva's claims challenging two of See's Candy's policies pertaining to the calculation of employee work time: (1) a rounding policy, which calculates timeclock punches to the nearest tenth of an hour; and (2) a grace-period policy, which permits employees to clock in 10 minutes before and after a shift, but calculates work time from the employee's scheduled start/end times.

          

In a prior appeal, we granted See's Candy's writ petition challenging the trial court's dismissal of See's Candy's affirmative defense that its rounding policy was lawful.  (See's Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889 (See's Candy).)  After remand, See's Candy successfully moved for summary adjudication on Silva's PAGA cause of action.  In a later proceeding, the court granted summary judgment in See's Candy's favor on all of Silva's remaining claims.

          

In this appeal, Silva challenges the summary adjudication order on her PAGA claim and the summary judgment on all remaining causes of action.  She raises numerous contentions.  We determine the court erred in granting summary judgment with respect to certain of Silva's individual claims, but the court properly entered judgment in See's Candy's favor on all remaining claims, including the PAGA cause of action and the class-certified claims.

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