A California judge has vacated a filing deadline in a class-action case in which a former Safelite technician claims the auto glass company violated federal labor law.
Yadir Ontiveros, in an amended complaint filed late last year, said he was hired by Safelite as a non-exempt employee at a warehouse in Ontario, Calif., in August 2009. In March 2013, he was promoted to technician trainee, and became a technician in September 2013 after transferring to Glendora, Calif. He filed a state class action lawsuit September 9, 2015; the case was amended a month later. To read the amended complaint, click here.
Ontiveros’s attorney claims Safelite’s pay system is “a subterfuge for a piece-rate compensation system” and that the former technician as well as others similarly situated were not separately compensated for time spent working on tasks such as cleaning and maintaining tools, performing administrative tasks, attending mandatory meetings, or travelling to and from jobsites.
Safelite’s attorneys deny the allegations. They say Ontiveros does not offer enough facts to certify a class against the company.
In a joint stipulation to vacate the current February 10 deadline for any motion for class certification, both parties agreed that “ … should the Court deny Defendant’s Motion for Summary Judgment,(and/or grant Plaintiff’s Motion for Partial Summary Judgment), Plaintiff will thereafter move for class certification and will require time to conduct the necessary class discovery in support of his motion for class certification,” according to documents filed in California’s Central District of the U.S. District Court. “Given the current deadline of February 10, 2017 for Plaintiff to file a motion for class certification, Plaintiff would not have adequate time to conduct class discovery following the Court’s Order on the
Parties’ cross-motions for summary judgment, which the parties anticipate will be issued on January 20, 2017, or sometime thereafter.
U.S. District Court Judge Dolly M. Gee agreed will set a new a deadline for Ontiveros to file motions at a January 20 hearing on the parties’ cross-motions for summary judgment.