Michael J. Holland, David Richardson and Geraldine Evans filed a class action complaint against Securitas Security Services USA, Inc. (Securitas), alleging wage and hour violations. Securitas moved for summary adjudication of the second count for nonpayment of mandatory split-shift pay, arguing that plaintiffs working consecutive overnight shifts that are not interrupted by unpaid, nonworking periods do not work split shifts and therefore are not entitled to split-shift pay under the applicable wage order. The trial court denied the motion. Securitas challenges the denial.
We conclude that employees working consecutive overnight shifts that are not interrupted by unpaid, nonworking periods do not work split shifts, as defined in the Industrial Wage Commission's wage order No. 4-2001 (Cal. Code Regs., tit. 8, § 11040), commonly known as "Wage Order No. 4." Securitas is not entitled to summary adjudication, however, because it failed to show that plaintiffs have not worked split shifts in other circumstances falling within the wage order definition. We therefore will deny the petition and remand with directions.
Plaintiffs are currently or were formerly employed by Securitas as security guards or field supervisors. Plaintiffs sometimes work night shifts beginning one calendar day and ending the next, sometimes in excess of eight hours. Their work schedules and the number of hours worked vary somewhat from day to day. Securitas has established plaintiffs' workday as beginning at midnight and ending the following midnight, with the result that their shifts sometimes are divided between two workdays.
Plaintiffs filed a class action complaint against Securitas in July 2008 and filed a second amended complaint in December 2009.
Securitas moved for summary adjudication of the second count only, arguing that plaintiffs are not entitled to split-shift pay because they do not work "split shifts" as defined in Wage Order No. 4. Securitas argued that an uninterrupted work shift that spans midnight and falls in two calendar days and two workdays is not a split shift, and that a split shift does not occur if an employee ends such an overnight shift in the morning and begins another
The trial court concluded that a "split shift" as defined in Wage Order No. 4 occurs whenever an employee works two nonconsecutive periods of time in the same workday. The court rejected Securitas's interpretation of a "split shift," concluding that Securitas had failed to show that the plaintiffs were not entitled to split-shift pay, and therefore denied the motion for summary adjudication.
Securitas petitioned this court for a writ of mandate or other extraordinary relief. We issued an order stating that we were considering the issuance of a peremptory writ of mandate in the first instance directing the trial court to vacate its order denying the motion for summary adjudication and enter a new order granting the motion. We granted the trial court the power and jurisdiction to reconsider and change its order and invited Securitas to file an opposition to the issuance of a peremptory writ of mandate in the event that the trial court did not change its order. After the trial court failed to change its order, Securitas filed an opposition and plaintiffs filed a reply. In light of the issues raised by the parties, we issued an order to show cause.
Securitas contends employees who work uninterrupted overnight shifts on consecutive days do not work a "split shift" and are not entitled to split-shift pay. As we explain, we agree with Securitas. The trial court's conclusion to the contrary was error.
Summary judgment is appropriate only if there is no triable issue of material fact and the moving party is entitled to judgment in its favor as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) Summary adjudication is appropriate only if there is no triable issue of material fact as to one or more causes of action within an action. (Id., § 437c, subd. (f)(1).) A defendant
We review the trial court's ruling de novo, liberally construe the evidence in favor of the party opposing the motion, and resolve all doubts concerning the evidence in favor of the opposing party. (Miller, supra, 36 Cal.4th at p. 460.) We will affirm an order granting summary judgment or summary adjudication if it is correct on any ground that the parties had an adequate opportunity to address in the trial court, regardless of the trial court's stated reasons. (California School of Culinary Arts v. Lujan (2003) 112 Cal.App.4th 16, 22 [4 Cal.Rptr.3d 785]; see Code Civ. Proc., § 437c, subd. (m)(2).)
The Industrial Welfare Commission regulates wages and other working conditions in California through its wage orders. (Tidewater Marine Western, Inc. v. Bradshaw (1996) 14 Cal.4th 557, 576 [59 Cal.Rptr.2d 186, 927 P.2d 296].) Wage Order No. 4, entitled "Order No. 4-2001 Regulating Wages, Hours and Working Conditions in Professional, Technical, Clerical, Mechanical, and Similar Occupations," establishes minimum wages for employees in particular occupations working a split shift. Section 4 of the wage order states under the heading "Minimum Wages":
"(C) When an employee works a split shift, one (1) hour's pay at the minimum wage shall be paid in addition to the minimum wage for that workday, except when the employee resides at the place of employment." (Cal. Code Regs., tit. 8, § 11040, subd. 4(C).)
Wage Order No. 4 defines a "split shift" as "a work schedule, which is interrupted by non-paid non-working periods established by the employer, other than bona fide rest or meal periods." (Cal. Code Regs., tit. 8, § 11040, subd. 2(Q).)
A "shift" is defined as "designated hours of work by an employee, with a designated beginning time and quitting time." (Cal. Code Regs., tit. 8, § 11040, subd. 2(P).) A "workday" is defined as "any consecutive 24-hour
The California Supreme Court in Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094 [56 Cal.Rptr.3d 880, 155 P.3d 284] (Murphy) discussed the dual purposes of overtime, reporting-time, and split-shift provisions:
"In addition to compensating employees, reporting-time and split-shift pay provisions `encourag[e] proper notice and scheduling . . . [and are] an appropriate device for enforcing proper scheduling consistent with maximum hours and minimum pay requirements.' [Citation.] As with overtime, reporting-time and split-shift pay provisions do not become penalties for statute of limitations purposes simply because they seek to shape employer conduct in addition to compensating employees. [Citations.]" (Murphy, supra, 40 Cal.4th at pp. 1111-1112.)
Murphy, supra, 40 Cal.4th at page 1099, held that the "one additional hour of pay" (Lab. Code, § 226.7, subd. (b)) required under Labor Code section 226.7 for an employer's failure to provide a meal or rest break constitutes wages or premium pay, rather than a penalty, for purposes of the statute of limitations. Although the parenthetical statement in Murphy describing a split shift, quoted above, was not essential to its holding, we believe that Murphy
The petition is denied and the matter is remanded for further proceedings not inconsistent with the views expressed herein. Each party is to bear its own costs in this appellate proceeding.
Kitching, J., and Aldrich, J., concurred.