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April 2009: Court Certifies Class Action Against PG&E
On April 22, 2009, Judge John Munter of the San Francisco Superior Court issued an Order Granting Plaintiffs’Motion for Class Certification, in the case of Taylor, et al v. Pacific Gas and Electric Company, No. CGC-07-467956. The case seeks compensation and related remedies for unpaid time spent by PG&E employees accessing and exiting their work stations inside the perimeter security gate of the plant, which is approximately 7.5 miles from the power plant where employees work. Plaintiffs claim this time must be paid as “hours worked” under California law, due to the restrictions imposed on employees once they are inside the security gate, which restrictions are primarily for the benefit of PG&E.
The case was brought as a proposed class action by four hourly employees at PG&E’s Diablo Canyon Power Plant on behalf of all hourly employees who have worked at the Diablo Canyon plant between October 9, 2007 and entry of judgment. In the Order noted above, the Court found that more than 1,500 employees are in the class, and that common issues of law and fact predominate, justifying treatment of Plaintiffs’ claims on a class-wide basis. The Order appoints the four named Plaintiffs as class representatives, and appoints Leonard Carder, LLP as Class Counsel. Philip Monrad of the Leonard Carder Firm is lead Class Counsel.
On July 24, 2009 a Notice of Pendency of class Action and Exclusion Rights signed by Judge Munter was mailed to members of the certified class. This Notice explains the Plaintiffs’ claims and the rights of class members, including their right to opt out of this class action should they wish to do so. Class members are able to opt out of this class action until September 24, 2009 or October 24, 2009, depending on when this Notice is mailed to particular class members.