We are pleased to report that a California federal judge put to rest claims by a proposed class of Kiewit Infrastructure West Co. workers that they weren’t given adequate meal breaks and rest periods, saying the company was exempted from liability by a valid collective bargaining agreement.
In reconsidering a portion of his November ruling that granted the construction and engineering services provider partial summary judgment over various wage and hour claims brought by lead plaintiff Peter Zayerz under the California Labor Code, Judge Gutierrez acknowledged he had mistakenly failed to consider in his earlier decision whether the company was exempt from liability for the meal and rest period claims by a collective bargaining agreement that was in place between 2012 and 2015, the time period in which Zayerz’s claims arose.
“The court concedes that it failed to consider a material issue of law in its prior order, namely that the governing CBA exempts defendant from liability under the labor code for the meal and rest period claims,” Judge Gutierrez said.
With that, Judge Gutierrez awarded Kiewit summary judgment on all remaining claims and closed the case. Kiewit is represented by our own Arthur J. Rooney, Todd K. Boyer, Benjamin R. Buchwalter, Alexis Hawley and Melissa Logan.
The case is Peter Zayerz v. Kiewit Infrastructure West Co. et al., case number 2:16-cv-06405, in the U.S. District Court for the Central District of California.
Find the write-up in Law360 HERE.