Flowers v. LA County Metro. Transp. Auth.Annotate this Case
Plaintiff, a former MTA employee, filed a class action against the MTA on behalf of a putative class of current and former bus and train operators. Plaintiff alleged four causes of action: (1) failure to pay minimum wage and overtime compensation in violation of the federal Fair Labor Standards Act (FLSA), 29 U.S.C. 201; (2) failure to pay minimum wage in violation of Labor Code section 1194 and wage order 9; (3) civil penalties pursuant to the California Labor Code Private Attorney General Act (PAGA); and (4) failure to provide rest periods or to pay premiums for missed rest periods under Labor Code section 226.7 and wage order 9. The trial court sustained the MTA's demurrer, without leave to amend, as to the second cause of action for violation of state minimum wage requirements, the third cause of action for violation of PAGA, and the fourth cause of action for violation of rest period requirements. The trial court overruled the demurrer with respect to the FLSA claim and denied the petition to compel arbitration. In this appeal, the court held that Public Utilities Code sections 30257 and 30750 do not exempt the MTA from rest period and minimum wage requirements, but that the rest period requirements do not apply to the MTA operators who are the putative plaintiffs in this action. Accordingly, the order sustaining the demurrer to the second cause of action for violation of the minimum wage requirements under Labor Code section 1194 and wage order 9 and to the third cause of action for civil penalties under PAGA for violation of the minimum wage requirements is reversed. The judgment is otherwise affirmed.