Certified Tire & Service Centers Wage & Hour Cases
Annotate this CaseThe Court of Appeal previously issued an opinion in this case on September 18, 2018, in which it affirmed the judgment. The California Supreme Court granted review in January 2019, deferring consideration and disposition until it decided a related issue in Oman v. Delta Air Lines, Inc., 9 Cal.5th 762 (2020). In September 2020, the Supreme Court transferred this matter to the Court of Appeal with directions to vacate the September 18, 2018 opinion and to reconsider this appeal in light of Oman. This case arose from a certified wage and hour class action following a judgment after a bench trial in favor of defendants Certified Tire and Service Centers, Inc. (Certified Tire) and Barrett Business Services, Inc. (collectively defendants). Plaintiffs contended that Certified Tire violated the applicable minimum wage and rest period requirements by implementing a compensation program, which guaranteed its automotive technicians a specific hourly wage above the minimum wage for all hours worked during each pay period, but also gave them the possibility of earning a higher hourly wage for all hours worked during each pay period based on certain productivity measures. After considering the parties’ supplemental briefing on the applicability of Oman to the issues presented in this matter, the Court of Appeal concluded that that plaintiffs’ appeal lacked merit, and accordingly affirmed the judgment.
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