Lampe v. Queen of the Valley Med. Ctr.

228 Cal. Rptr. 3d 279, 19 Cal. App. 5th 832
CourtCalifornia Court of Appeal, 5th District
DecidedJanuary 2, 2018
DocketA146588
StatusPublished
Cited by13 cases

This text of 228 Cal. Rptr. 3d 279 (Lampe v. Queen of the Valley Med. Ctr.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lampe v. Queen of the Valley Med. Ctr., 228 Cal. Rptr. 3d 279, 19 Cal. App. 5th 832 (Cal. Ct. App. 2018).

Opinion

RUVOLO, P.J.

*836I.

INTRODUCTION

Appellants Michael Lampe and Karen McNair appeal the trial court's order denying class certification of their wage and hour claims against Queen of the Valley Medical Center (QVMC). The trial court concluded that individualized issues predominated and the claims could not be proven efficiently as a class. We conclude substantial evidence supports the trial court's findings and it did not abuse its discretion in denying class certification. We affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

QVMC is a full-service hospital with 94 departments. Appellants Lampe and McNair are nurses employed at QVMC. McNair previously worked 8-hour shifts as an operating room nurse, and in 2011 she became a relief charge nurse. As a relief charge nurse, she determines when to provide meal breaks for the nurses she is supervising. Lampe works 12-hour shifts in the mother-child services department.

A. Appellants' Fourth Amended Class Action Complaint and Motion to Certify Class

Beginning in 2011, appellants filed multiple versions of their complaint in this action in three different counties. The current complaint is the fourth amended class action complaint filed in Napa County, which alleges seven causes of action: (1) violation of *283*837Business and Professions Code section 17200 et seq. ; (2) violation of Labor Code sections 206, 218, 226, 510, 1194, and 1198 ; (3) failure to pay meal break penalties under Labor Code sections 226.7 and 512, et seq. ; (4) inaccurate wage statements under Labor Code section 226 ; (5) violation of the Private Attorney General Act (PAGA) under Labor Code sections 2698 - 2699 ; (6) unpaid wages due to illegal rounding under Labor Code sections 218, 510, 1194, 1197 and 1198 and; (7) failure to provide meal breaks under Labor Code sections 226.7 and 512.

Appellants filed a motion to certify an "overtime class," a "meal break class," and a "wage statement" class. The overtime class consisted of two subclasses: (1) employees who earned overtime bonuses where QVMC failed to properly calculate their regular rate of pay, and (2) alternative work schedule (AWS) employees who were asked to leave work between the eighth and twelfth hour of their shift who were not paid overtime wages.1 The second class was the meal break class with a subclass of all employees who signed meal break waivers. The third class was derivative of the other classes and included any QVMC employee who received a pay stub.

Appellants alleged QVMC has a "company-wide policy of instituting and implementing unlawful wage-and-hour policies." They allege QVMC does not properly compensate AWS employees who work short shifts as required by California Code of Regulations, title 8, section 11050, subdivision 3(B)(2) (Wage Order No. 5-01(B)(2)). They contend that QVMC has no written policy to inform employees that they are entitled to overtime if they are flexed off their shift. Appellants argue QVMC failed to properly calculate employees' regular rate of pay. Appellants also assert that QVMC required employees to waive one of their two meal periods if they worked a 12-hour shift.

In support of their motion, appellants submitted deposition transcripts from the prior named plaintiffs, Concepcion Vinas and Editha Asuncion, along with deposition excerpts from the director of human resources, a payroll coordinator, three QVMC nurses with roles as supervisors or managers, and two experts. In his declaration, Lampe stated he was not aware he was entitled to a short-shift premium. He also stated he is not provided a second meal period when he works over a 12-hour shift.

QVMC filed an opposition to the class certification motion, arguing that appellants had failed to submit substantial evidence to support their theories, and pointing out that appellants only submitted their own declarations and offered no testimony from any proposed class members. QVMC argued that *838appellants raised AWS claims even though all AWS allegations were stricken from their complaint and they were sanctioned for repeatedly raising the claims.

Included with its opposition, QVMC submitted evidence to contradict Lampe's declaration. Lampe signed an AWS agreement which stated QVMC provides short-shift premiums if he worked more than 8 hours but less than a full 12-hour shift. The short-shift policy is also contained in the QVMC policy manual. Putative class members provided declarations that they were aware of the short-shift policy, including former named plaintiffs, Vinas and Asuncion. Fourteen putative class members declared they have never been required to leave work after eight hours on an AWS shift, and employees would often volunteer to leave early where a short-shift premium is not required. Twenty-five *284QVMC employees testified they were aware they were entitled to a meal break if they worked more than five hours and they were provided with their meal breaks. They were aware they were entitled to second a meal break if they worked more than 10 hours and they were offered that meal break. Respondent identified the various different and unique ways each department scheduled meal breaks.

QVMC produced evidence that it has an AWS and written short-shift policy that is included with each employee's AWS agreement. The QVMC Human Resources Policy Manual (QVMC HR Manual) policy No. 335.1 states: "Employees will receive a short-shift payment if provided more than eight (8) hours, but less than twelve (12) hours of work on a regularly scheduled workday. QVMC will pay one and one-half times their regular rate for all hours worked in excess of eight hours on that regularly scheduled day." Lampe also signed an AWS agreement for 12-hour shifts.

QVMC explained it does not have a separate pay code for short-shift premiums; it shows up as overtime in the system, or on the pay stub. To determine if an employee was being paid a short-shift premium requires a review of the individual edit sheets, if available.

QVMC's meal break policy is to provide 30 minutes for each day of work over 5 hours, and a second meal break of at least 30 minutes for each day of work over 10 hours. The policy is the first meal break should be taken by the end of the fifth hour of work. An employee that works more than 10, but less than 12 hours in a workday, may waive one of his or her two meal periods. QVMC does not maintain centralized electronic records of employees who have signed or revoked meal period waivers. This information requires a person-by-person review of employee files.

*839For an employee to receive a meal period premium for waiving a meal period, the employee must complete a form notifying QVMC. QVMC regularly pays meal period premiums when requested.

Lampe voluntarily signed a meal period waiver. In the waiver, he requested to take his first meal break at the end of his sixth hour or later, and to waive the second meal break.

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Cite This Page — Counsel Stack

Bluebook (online)
228 Cal. Rptr. 3d 279, 19 Cal. App. 5th 832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lampe-v-queen-of-the-valley-med-ctr-calctapp5d-2018.