Ruling by
Teri L. JacksonLower Court
Alameda County Superior CourtLower Court Judge
Winifred Y. SmithTrial court erred in interpreting Wage Order 16 Section 5(D) as permitting employees and employers to enter CBA's that waived right to all compensation for employer-mandated travel time.
Court
California Courts of Appeal 1DCA/3Cite as
2020 DJDAR 6963Published
Jul. 7, 2020Filing Date
Jul. 2, 2020Opinion Type
ModificationDisposition Type
Reversed and RemandedCARLOS GUTIERREZ,
Plaintiff and Appellant,
v.
BRAND ENERGY SERVICES OF CALIFORNIA, INC.,
Defendant and Respondent.
No. A154604
(Alameda County
Super. Ct. No. RG17846239)
California Courts of Appeal
First Appellate District
Division Three
Filed July 2, 2020
Trial Judge: Robert McGuiness, J.
Counsel
Keller Grover, Eric A. Grover, Robert W. Spencer; Law Offices of Scot D. Bernstein and Scot D. Bernstein; Legal Aid of Marin and Ellyn L. Moscowitz for Plaintiff and Appellant.
Atkinson, Andelson, Loya, Ruud & Romo, Ronald W. Novotny and Brian M. Wheeler for Defendant and Respondent.
THE COURT:
It is ordered that the opinion filed herein on June 16, 2020, be modified as follows: On page 2, the first sentence of the first paragraph of the factual and procedural background section, "Plaintiff was a journeyman scaffold worker at gasoline refineries owned and operated by Brand between 2010 and November 2015," is changed to "Plaintiff was a journeyman scaffold worker employed by Brand between 2010 and November 2015."
There is no change in the judgment.
Respondent's petition for rehearing is denied.
Dated: July 2, 2020
FUJISAKI, J., Acting P. J.
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