In recent news, a PAGA-only action was filed against Formel D USA, Inc.

The Case: Oddae Alghazali v. Formel D USA, Inc.

The Court: Orange County Superior Court

The Case No.: 30-2023-01369309-CU-OE-CXC

The Plaintiff: Oddae Alghazali v. Formel D USA, Inc.

The plaintiff in the case, Oddae Alghazali, alleges that Formel D USA, Inc. violated Labor Code § 2699. Alghazali filed a PAGA-only action seeking penalties for the alleged violations of the California Labor Code.

The Defendant: Oddae Alghazali v. Formel D USA, Inc.

The defendant in the case, Formel D USA, Inc., faces a PAGA-only action based on allegations that they failed to provide employees with required meal and rest breaks. And that by doing so, they failed to provide their workers with payment for all hours worked. According to the lawsuit filed by Alghazali, Formel D USA, Inc. failed to provide employees with legally required meal and rest breaks when they (from time to time) required employees to work in more than four (4) hours without being provided a ten (10) minute rest period. According to the California Wage Order, California employers must provide their employees with off-duty rest periods.

The California Supreme Court determined that for a rest period to qualify as an “off-duty rest period,” it must fulfill two requirements: 1. the employee must be relieved of all their job duties, and 2. the employee must be free from the employer’s control.

The Case: Oddae Alghazali v. Formel D USA, Inc.

The case, Oddae Alghazali v. Formel D USA, Inc., is currently pending in the Orange County Superior Court. PAGA-only actions like the one in this case allow the State of California to enforce state labor laws through individual employees who file a lawsuit as the proxy of the state’s labor law enforcement agencies. PAGA-only actions are essentially law enforcement actions intended to protect the public rather than benefit private parties. Therefore, a PAGA-only action does not seek to recover damages or restitution but acts as a means of “deputizing” citizens as private attorneys general so they can step in to help the state enforce the California Labor Code.

If you have questions about filing an employment law lawsuit, please contact 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.