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Certified Tire & Service Centers Wage & Hour Cases (CA4/1 D072265A 7/2/21) Wage and Hour Class Action 

By July 2, 2021July 11th, 2021Class Actions, Labor Code, Wages & Overtime Law

This is an appeal in 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 contend 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.

We previously issued an opinion in this appeal on September 18, 2018, in which we affirmed the judgment.  (Certified Tire & Service Centers Wage & Hour Cases (2018) 28 Cal.App.5th 1, review granted Jan. 16, 2019, S252517 (Certified Tire).)  Our Supreme Court granted review in January 2019, deferring consideration and disposition until it decided a related issue in Oman v. Delta Air Lines, Inc. (2020) 9 Cal.5th 762 (Oman)).  In September 2020, our Supreme Court transferred this matter to us with directions to vacate our September 18, 2018 opinion and to reconsider this appeal in light of Oman.  We directed the parties to submit supplemental briefing regarding Oman and any other matter arising after our original decision, and we held oral argument.

As we will explain, after considering the parties’ supplemental briefing on the applicability of Oman to the issues presented in this matter, we conclude that that plaintiffs’ appeal lacks merit, and we accordingly affirm the judgment.