Ghazaryan v. Diva Limousine
87 CAL.RPTR.3D 518, 169 CAL.APP.4TH 1524, 2009 DAILY JOURNAL D.A.R. 443, 09 CAL. DAILY OP. SERV. 415, 2008.CA.0011507
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Descrição da editora
Sarkis Ghazaryan appeals from the trial courts order denying his motion to certify a class of limousine drivers allegedly undercompensated by Diva Limousine, Ltd. (Diva) in violation of California wage and hour laws. Ghazaryans lawsuit contests Divas policy of paying its drivers an hourly rate for assigned trips but failing to pay for on-call time between assignments (referred to by Diva employees as "gap time"). Because the trial court incorrectly focused on the potential difficulty of assessing the validity of Divas compensation policy in light of variations in how drivers spend their gap time, we reverse the courts denial of the motion and remand with directions to certify Ghazaryans two proposed subclasses.