Driscoll v. Granite Rock Co.Annotate this Case
Granitrock produces perishable concrete that cannot be stored; when concrete is in a mixer truck, the drum must rotate constantly to prevent hardening. Freshly batched concrete must be poured within 60-90 minutes to ensure structural integrity. Graniterock gave its mixer drivers the option of signing an on-duty meal period agreement pursuant to Industrial Wage Commission Wage Order 1, which applies “when the nature of the work prevents an employee from being relieved of all duty and when by written agreement between the parties an on-the-job paid meal period is agreed to.” The Granitrock Agreement allowed revocation upon one working day’s advance notice. If drivers did not sign an Agreement and were asked to work through a meal, they would receive one hour of special pay. Drivers filed a class action, seeking restitution under Business and Professions Code section 17200 and penalties under Labor Code sections 226.7 and 512(a). After consideration of the evidence, including the testimony of numerous concrete mixer drivers and dispatchers, the court concluded that plaintiffs had not proven that Graniterock forced any driver to forgo an off-duty meal period. The court of appeal affirmed. There was substantial evidence to support a finding that Graniterock provided its drivers with an off-duty meal period as required by law.