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Hernandez v. Chipotle Mexican Grill, Inc.

California Court of Appeals, Second District, Eighth Division
Sep 25, 2012
No. B216004 (Cal. Ct. App. Sep. 25, 2012)

Opinion


ROGELIO HERNANDEZ, Plaintiff and Appellant, v. CHIPOTLE MEXICAN GRILL, INC., Defendant and Respondent. B216004 California Court of Appeals, Second District, Eighth Division September 25, 2012

Super. Ct. No. BC373759.

ORDER MODIFYING OPINION

THE COURT:

The opinion filed on August 21, 2012, and certified for publication by order filed on August 30, 2012, is modified as follows:

On page 4, the first full paragraph, which begins with “Chipotle submitted 57 declarations..., ” is replaced in its entirety with the following paragraph:

Chipotle also submitted the declaration of Human Resource Director Brian Brown, who explained Chipotle’s organization and methods of operation. He declared in part: “Because crew members are paid for meal and rest breaks, they do not have a financial incentive to record their breaks accurately and occasionally fail to do so.... [I]f a crew member records the start of a meal break and forgets to record the time it ends, the meal break is still fully paid.” Several Chipotle crew members and managers corroborated Mr. Brown’s testimony that employees do not always remember to “clock-out” before going on a break. For example, David Pineda, the service manager at Chipotle’s Hawthorne location testified, “Although we emphasize that employees should clock in and out for their meal and rest periods, I am aware that some employees do not always do so. Because the company pays employees for their meal and rest period time, employees do not always think to clock-out before going on a break.”

This modification effects no change in judgment.

BIGELOW, P. J., FLIER, J.


Summaries of

Hernandez v. Chipotle Mexican Grill, Inc.

California Court of Appeals, Second District, Eighth Division
Sep 25, 2012
No. B216004 (Cal. Ct. App. Sep. 25, 2012)
Case details for

Hernandez v. Chipotle Mexican Grill, Inc.

Case Details

Full title:ROGELIO HERNANDEZ, Plaintiff and Appellant, v. CHIPOTLE MEXICAN GRILL…

Court:California Court of Appeals, Second District, Eighth Division

Date published: Sep 25, 2012

Citations

No. B216004 (Cal. Ct. App. Sep. 25, 2012)