Arce v. The Ensign Group, Inc.
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Plaintiff claimed the nursing facility where she worked as an aide for nine years was so chronically understaffed that she never took a rest break and frequently had to work through her meal breaks. After her termination, Plaintiff brought a claim under the Labor Code Private Attorneys General Act of 2004 (PAGA) against Respondents Southland Management LLC and The Ensign Group Inc. Respondents moved for summary judgment, arguing that Plaintiff lacked standing to bring a representative PAGA action. The trial court granted summary judgment on a different issue, holding that Plaintiff had not offered any “competent proof that one or more cognizable Labor Code violations occurred during her employment in connection with her right to meal and rest periods.” The court entered a judgment of dismissal, and Plaintiff appealed.
The Second Appellate District reversed. The court concluded that Respondents did not produce sufficient evidence to meet their initial burden of production on the standing issue, i.e., that Plaintiff had not suffered a Labor Code violation during her employment. The court explained that Plaintiff’s complaint alleged that “scheduling and understaffing issues, high patient-to-nurse ratio, and a heavy workload” made it functionally impossible for her to take meal and rest breaks. Respondents’ moving papers did not address or negate those allegations. Because Respondents did not furnish evidence tending to negate Plaintiff’s allegations that their practices conflicted with their written break policies, they did not meet their initial burden of production, and summary judgment should have been denied.
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