In recent news, a PAGA-only action alleges Axlehire engaged in multiple California labor code violations.

The Case: Pablo Acosta and Colleen Duarte v. Axlehire Inc.

The Court: Alameda County Superior Court

The Case No.: 23CV055896

The Plaintiffs: Pablo Acosta and Colleen Duarte v. Axlehire Inc.

The plaintiffs in the case, Pablo Acosta and Colleen Duarte, filed a lawsuit against Axlehire, Inc., alleging the companies violated the Labor Code.

The Defendant: Pablo Acosta and Colleen Duarte v. Axlehire Inc.

The defendant in the case, Axlehire Inc., faces allegations of multiple labor code violations. The company allegedly failed to provide workers with legally required meal breaks and rest periods. From time to time, employees were required to work more than four hours without a ten-minute break, as employers are required to provide employees according to labor law.

California Wage Order Requires Employers to Offer Employees Off-Duty Rest Periods:

California mandates that employers provide their employees with a ten-minute off-duty break for every four hours of work. The California Supreme Court defines an "off-duty rest period" as a time during which employees are not only relieved from their work responsibilities but are also free from any control exerted by their employer.

The Case: Pablo Acosta and Colleen Duarte v. Axlehire Inc.

This lawsuit is classified as a PAGA-only action, wherein the State of California leverages such suits to uphold state labor laws by allowing employees to act as representatives or proxies of state labor law enforcement agencies. Under the Private Attorneys General Act (PAGA), pursuing penalties is fundamentally a regulatory enforcement action aimed at safeguarding public interests rather than securing private benefits. Through PAGA, employees like the plaintiffs in this case, Acosta and Duarte, are essentially empowered to act as private attorneys general to address and penalize non-compliance with the California Labor Code. Their suit, which seeks penalties for alleged violations by Axlehire, is currently under consideration in the Alameda County Superior Court.

If you have questions about filing a California overtime lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw L.L.P. 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.