Plaintiffs seek (1) unpaid wages for time spent commuting from home to the first work location of the day and commuting home from the last work location, and (2) reimbursement for mileage incurred during the commutes. On October 5, 2015, this Court granted certification of the proposed class including Plaintiffs and all other service technicians (“ST”) employed by KMBS in California from April 2, 2010 to November 13, 2015. Following certification and pursuant to a stipulation, the Parties filed cross-motions for summary adjudication. On September 9, 2016, the Court granted KMBS’s motion, determining that the STs’ commute time was not compensable as “hours worked,” and therefore, their commute miles were not reimbursable. Plaintiff filed an appeal of this ruling.
Following Plaintiffs’ appeal, on June 2, 2020, the Court of Appeal issued its decision, reversing the judgment entered in KMBS’s favor and holding there were disputed material facts as to the “control” prong of the “hours worked” test. Oliver v. Konica Minolta Bus. Sols. U.S.A., Inc., 51 Cal. App. 5th 1 (2020) (“Oliver”). Specifically, the Court of Appeal found material factual disputes regarding (1) “whether [STs] were required, either strictly speaking or as a practical matter, to commute with tools and parts in their personal vehicles,” and (2) the “volume of tools and parts that [STs] were required to carry in their vehicles while commuting.” Id. at 23-24 (emphasis in original).
Defendant filed a motion for decertification of the class. This motion is set for hearing on March 24, 2021.
This case is ongoing and the parties are currently engaged in Discovery proceedings.