In a PAGA-Only action filed in Orange County Superior Court, Kelly Services Global faced allegations of multiple California labor law violations.

The Case: Yuri Fischer v. Kelly Services Global, LLC

The Court: Orange County Superior Court

The Case No.: 30-2023-01304927-CU-OE-CXC

The Plaintiff: Yuri Fischer v. Kelly Services Global, LLC

The plaintiff in the case, Yuri Fischer, filed a lawsuit against Kelly Services Global, LLC, alleging they violated multiple California labor laws and seeking penalties for the alleged violations. According to the plaintiff, Kelly Services Global, LLC allegedly failed to provide off-duty thirty-minute meal breaks (as required by employment law when an employee works a certain number of hours). Employees were allegedly not fully relieved from their job duties during their breaks. The plaintiff also claimed that employees were sometimes required to work more than four hours in one shift with their ten-minute rest period (also required by employment law).

What Is An “Off Duty Rest Period?”

According to the California Supreme Court, an off-duty rest period is when a worker is relieved from all their job duties and work-related duties and during which they are outside their employer’s control.

The Defendant: Yuri Fischer v. Kelly Services Global, LLC

The defendant in the case is Kelly Services Global, LLC. According to court documents, the defendant allegedly failed to provide their workers with all the legally required meal breaks and rest periods required by law. Additionally, the employer allegedly failed to compensate for the missed meal breaks and rest periods. The allegations constitute violations of multiple California Labor Codes: §§ 201-203, 204 et seq., 210, 218, 221, 226(a), 226.7, 227.3, 510, 512, 558(a)(1)(2), 1194, 1197, 1197.1, 1198, and 2802.

The Case: Yuri Fischer v. Kelly Services Global, LLC

The case, Yuri Fischer v. Kelly Services Global, LLC, was originally filed in Orange County Superior Court. California’s PAGA action is a mechanism that allows employees to sue as the proxy or agent of California’s state labor law enforcement agencies to enforce labor law. When a PAGA-only action is filed, it acts as a law enforcement action on a fundamental level to protect the public. The PAGA-only action was not designed to benefit private parties. Rather than seeking to recover damages or restitution, its purpose is to create an opportunity to deputize regular citizens as private attorneys general to enforce California labor law.

If you have questions about how to file a California wage and hour lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.