Defendants HUMAN LONGEVITY, INC. and BRIAN BERNING's DEMURRER to the Second Amended Complaint is SUSTAINED on uncertainty grounds with 10 days leave to amend. The Second Amended Complaint defines "aggrieved employees" as:
other current and former employees who worked for Defendants in
California at a California location and against whom one or more
violations of any provision in Division 2 Part 2 Chapter 1 of the
Labor Code or any provision regulating hours and days of work in
the applicable Industrial Welfare Commission ("IWC") Wage
Order were committed....
This definition of aggrieved employees appears to broaden the scope of the representation from that which was alleged in the LWDA notice. Under Labor Code § 2699.3(a)(1)(A), a PAGA notice should refer to "specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation." A notice is sufficient so long as it contains some basic facts about the violations, states
Hearing Date
April 18, 2019
Category
Civil - Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
Defendants HUMAN LONGEVITY, INC. and BRIAN BERNING's DEMURRER to the Second Amended Complaint is SUSTAINED on uncertainty grounds with 10 days leave to amend. The Second Amended Complaint defines "aggrieved employees" as:
other current and former employees who worked for Defendants in
California at a California location and against whom one or more
violations of any provision in Division 2 Part 2 Chapter 1 of the
Labor Code or any provision regulating hours and days of work in
the applicable Industrial Welfare Commission ("IWC") Wage
Order were committed....
This definition of aggrieved employees appears to broaden the scope of the representation from that which was alleged in the LWDA notice. Under Labor Code § 2699.3(a)(1)(A), a PAGA notice should refer to "specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation." A notice is sufficient so long as it contains some basic facts about the violations, states