Hamideh v. Wells Fargo Bank, N.A. CA4/1
Appellants Ashraf Hamideh and Pouya Abdolrasoul filed a representative action under the Private Attorney General Act (PAGA) (Labor Code, § 2698 et seq.) against Wells Fargo Bank, N.A. (Wells Fargo), alleging the company violated the Labor Code by failing to provide compliant meal breaks to nonexempt employees. The case proceeded to a bench trial, after which the court decided Hamideh and Abdolrasoul (collectively “Plaintiffs”) failed to demonstrate they were aggrieved employees because they had not established a violation as to themselves. In reaching its conclusion, the court declined to apply a rebuttable presumption of liability against Wells Fargo based on the information contained in time records. After the court entered judgment, the Supreme Court published its opinion in Donohue v. AMN Services, LLC (2021) 11 Cal.5th 58 (Donohue).
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