Taylor v. Cox Commc'ns Cal., LLC

283 F.Supp.3d 881

Bill TAYLOR, Plaintiff,

v.COX COMMUNICATIONS CALIFORNIA, LLC, Cox Communications, Inc., and Does 1 through 50, inclusive, Defendants.

Case No.: CV 16–01915–CJC(JPRx)

United States District Court, C.D. California, Southern Division.

Signed December 6, 2017

John Glugoski, Matthew Righetti, Righetti Glugoski PC, San Francisco, CA, for Plaintiff.

Michael T. Campbell, Paul Berkowitz, Thomas R. Kaufman, Sheppard Mullin Richter and Hampton LLP, Los Angeles, CA 90067, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE

I. INTRODUCTION AND BACKGROUND

This wage-and-hour class action was filed by Plaintiff Bill Taylor against Defendants Cox Communications California, LLC and Cox Communications, Inc. (together, "Defendants") in Santa Barbara Superior Court in 2012. (Dkt. 1–3 ["FAC"].) Most of the litigation proceeded in state court and, on March 4, 2016, the state court granted Plaintiff's motion for class certification. (Dkt. 10–6.) Shortly after, on March 21, 2016, Defendants removed the case to this Court.

In his FAC, Plaintiff alleges causes of action for violations of a number of sections of the California Labor Code, as well as unfair business practices under California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200. (See generally FAC.) Essentially, Plaintiff argues that Cox systematically underpaid its field technicians—employees who travel to customers' residences to install and repair television and internet services. (Id. ¶ 10.)

The certified class that Plaintiff represents is a class of Defendants' field technicians who participated in a program called "Home Start."¹ The Home Start program allows field technicians to keep their company vehicles at home—as opposed to the company's depot. At the beginning of each work day, a Home Start participant clocks in remotely from home and drives directly to the location of the first work assignment, instead of checking in at a company facility. At the end of each work day, the Home Start participant commutes home from the last work assignment.

The state court certified four class claims arising out of California state law. (Dkt. 10–6 Ex. 1 at 1.) The primary claim is that Defendants failed to compensate Home Start participants for time commuting home at the end of each work day. (Id. ) The remaining claims are derivative claims for wage statements, waiting time penalties, and unfair competition. (Id. )

Before the Court is Plaintiff's motion for summary judgment on the certified claims, (Dkt. 40), and Defendants' cross-motion for summary judgment, (Dkt. 39). For the following reasons, Plaintiff's motion is DENIED and Defendants' motion is GRANTED.

II. FACTS

The following facts are not in dispute. Defendants provide telephone, internet, and video services to consumers and businesses. (Dkt. 43 [Defs.' Statement of Uncontroverted Facts, hereinafter "Defs.' SUF"] 1; see also Dkt. 47–2 [Pl.'s Opp'n to Defs.' SUF].) The central duty of Defendants' field technicians, who are hourly employees, is to travel to people's homes, in company vehicles, and install or repair Defendants' products or services. (Defs.' SUF 5.)

Plaintiff was hired as a field technician in Defendants' Santa Barbara office in 2005. (Defs.' SUF 5.) At that time, field technicians were not permitted to take their company vehicles home. (Defs.' SUF 6.) Instead, Plaintiff would drive his personal vehicle to the company's depot each morning, clock in, and then begin using his assigned company vehicle, which had been parked overnight at the depot. (Defs.' SUF 7.) After completing his last assignment for the day, Plaintiff would drive the company vehicle to the depot, clock out, and then commute home in his personal vehicle. (Defs.' SUF 8.)

At some point after Plaintiff was hired, Defendants initiated the Home Start program. (Defs.' SUF 10; Dkt. 47–2.) Home Start participants, as opposed to "Office Start" participants who keep their company vehicles at the company depot overnight, are permitted to take the company vehicle to and from their homes. (Dkt. 44 [Pl.'s Statement of Uncontroverted Facts, hereinafter "Pl.'s SUF"] 7.) Plaintiff signed a form electing to participate in the Home Start program on September 28, 2009. (Defs.' SUF 16; Dkt. 39–4 Ex. B–10.) Approximately 70 to 80% of Plaintiff's fellow field technicians in the Santa Barbara office also opted to participate in the Home Start program. (Defs.' SUF 13.) On June 23, 2010, Plaintiff signed a form titled the "Home Start Selection Option Statement." (Defs.' SUF 19; Dkt. 39–4 Ex. B–11.) The form included the following statement: "As Home Start is an optional program, any Technician who is part of the Home Start program may opt out of the program for any reason by simply notifying his/her supervisor." (Defs.' SUF 20; Dkt. 39–4 Ex. B–11.) Plaintiff testified at his deposition that he agreed with this statement when he signed the form. (Dkt. 39–4 Ex. B [Deposition of Bill Taylor] 89:4–6.)

Under the Home Start program, a work shift begins for a field technician when he or she leaves home and starts commuting to the first work site. (Pl.'s SUF 11.) In other words, the field technician is paid for time traveling from home to the location of the first assignment. (Defs.' SUF 18.) But, the time spent commuting home from the last assignment of the day is treated as unpaid commuting time. (Defs.' SUF 12, 18.)

There are a number of other policies imposed by the Home Start program.

Field technicians are allowed to visit the company depot once a week to load their assigned company vehicles with all the equipment and tools necessary to perform that week's work. (Pl.'s SUF 9.) They must then travel with the tools and equipment, and are responsible for safeguarding both the vehicle and its contents. (Pl.'s SUF 13.) While in the company vehicles, field technicians may not engage in personal business, carry passengers, or use their cell phones. (Pl.'s SUF 18.) Further, field technicians may not make any stops on their commute home—even fuel stops are prohibited and must be made earlier in the day. (Id. ) These policies are applied to all field technicians working in California under the Home Start program. (Pl.'s SUF 17.)

Defendants argue in their motion that they are entitled to summary judgment on all of the certified claims because they are based on the false premise that the time field technicians spend commuting home in company vehicles is compensable work time. (See Dkt. 39 [Defs.' Motion for Summary Judgment] at 2.) Defendants further argue that the claims for accurate wage statements, waiting time penalties, and unfair competition fail for the same reason because they are derivative of the claim for failure to pay wages for commute time. (Id. ) Plaintiff argues in his motion that the commuting time should be considered compensable work time under California law and requests a ruling that Defendants must pay class members for this time. (Dkt. 40–1 [Pl.'s Opening Brief, hereinafter "Pl.'s Br."] at 25.)

III. LEGAL STANDARD

The Court may grant summary judgment on "each claim or defense—or the part of each claim or defense—on which summary judgment is sought." Fed. R. Civ. P. 56(a). Summary judgment is proper where the pleadings, the discovery and disclosure materials on file, and any affidavits show that "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Id. ; see also Celotex Corp. v. Catrett , 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The party seeking summary judgment bears the initial burden of demonstrating the absence of a genuine issue of material fact. Celotex Corp. , 477 U.S. at 325, 106 S.Ct. 2548. A factual issue is "genuine" when there is sufficient evidence such that a reasonable trier of fact could resolve the issue in the nonmovant's favor. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is "material" when its resolution might affect the outcome of the suit under the governing law, and is determined by looking to the substantive law. Id. "Factual disputes that are irrelevant or unnecessary will not be counted." Id. at 249, 106 S.Ct. 2505.

Where the movant will bear the burden of proof on an issue at trial, the movant "must affirmatively demonstrate that no reasonable trier of fact could find other than for the moving party." Soremekun v. Thrifty Payless, Inc. , 509 F.3d 978, 984 (9th Cir. 2007). In contrast, where the nonmovant will have the burden of proof on an issue at trial, the moving party may discharge its burden of production by either (1) negating an essential element of the opposing party's claim or defense, Adickes v. S.H. Kress & Co. , 398 U.S. 144, 158–60, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970), or (2) showing that there is an absence of evidence to support the nonmoving party's case, Celotex Corp. , 477 U.S. at 325, 106 S.Ct. 2548. Once this burden is met, the party resisting the motion must set forth, by affidavit, or as otherwise provided under Rule 56, "specific facts showing that there is a genuine issue for trial." Anderson , 477 U.S. at 256, 106 S.Ct. 2505. A party opposing summary judgment must support its assertion that a material fact is genuinely disputed by (i) citing to materials in the record, (ii) showing the moving party's materials are inadequate to establish an absence of genuine dispute, or (iii) showing that the moving party lacks admissible evidence to support its factual position. Fed. R. Civ. P. 56(c)(1)(A)–(B). The opposing party may also object to the material cited by the movant on the basis that it "cannot be presented in a form that would be admissible in evidence." Fed. R. Civ. P. 56(c)(2). But the opposing party must show more than the "mere existence of a scintilla of evidence"; rather, "there must be evidence on which the jury could reasonably find for the [opposing...