The Company filed a demurrer to the amended complaint. He then amended his complaint to represent all employees of the Company who opted out of the settlement in Gutierrez and those employed by the Company from Januto the present. Robinson, along with three other employees, opted out of the settlement. The settlement applied to persons employed by the Company in certain job categories between Maand January 26, 2018. Southern Counties Oil Company-a class action that sought civil penalties and individual damages under PAGA for the same Labor Code violations asserted by Robinson. In February 2019, a settlement was approved in the case of Gutierrez v. Robinson further asserted that the Company's failure to provide lawful meal and rest periods violated various provisions of the Labor Code. In August 2018, Robinson filed an action against his former employer under the Private Attorneys General Act of 2004 (“PAGA”), alleging the Company unlawfully denied meal and rest periods in violation of Labor Code sections 226.7 and 512. The plaintiff, Richard Robinson, worked as a truck driver for Southern Counties Oil Company (“the Company”) from Februto June 14, 2017. The court further held that preclusion of an employee's claim that arose during his or her employment deprives the employee of standing to bring a PAGA action for alleged violations that exclusively occurred after his or her employment ended. Southern Counties Oil Company, the court held that a PAGA lawsuit against the same employer is barred by claim preclusion if it covers the same time period and alleges the same violations as a prior PAGA lawsuit.
A California Court of Appeal's recent decision will significantly impact PAGA litigation in favor of employers.