Gallagher v. Community Connection Resource Ctr.
In this opinion, we resolve two consolidated appeals in this action by plaintiff and appellant Joseph Gallagher (plaintiff or appellant) against his former employer Community Connection Resource Center, Inc. (defendant or respondent), alleging violations of several Labor Code provisions governing employee compensation. (Lab. Code, 201-203, 226, subd. (b), 226.7, 512, 558, 1194, 1199.) On the same basis, plaintiff also asserts violations of the Unfair Competition Law. (UCL; Bus. & Prof. Code, 17200 et seq.) Defendant is a provider of group housing for persons in need of various types of counseling and supervision. Plaintiff was formerly employed on the graveyard shift as a case aide or counselor at such a facility. He alleges that due to defendant's policies, he and a purported class of fellow current or former employees are owed unpaid overtime and compensation for meal breaks and rest breaks, among other things, during a period from 2001 to the present. Court accordingly affirm the order denyingclass certification. Court modify the order denying an opportunity to amend the pleadings and affirm that order as modified, to direct the trial court to allow appropriate further proceedings to resolve the remaining pleadings issues.
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