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GONZALEZ v. DOWNTOWN LA MOTORS, LP

No. B235292.

215 Cal.App.4th 36 (2013)

155 Cal. Rptr. 3d 18

OSCAR GONZALEZ et al., Plaintiffs and Respondents, v. DOWNTOWN LA MOTORS, LP, et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Two.

March 6, 2013.

Attorney(s) appearing for the Case

Dickstein Shapiro, Arthur F. Silbergeld , Jennifer A. Awrey ; Greines, Martin, Stein & Richland, Robin Meadow , Cynthia E. Tobisman and Alana H. Rotter for Defendants and Appellants.

Curiale Hirschfeld Kraemer and Felicia R. Reid for National Automobile Dealers Association as Amicus Curiae on behalf of Defendants and Appellants.

Nossaman and John T. Kennedy for California Automotive Business Coalition as Amicus Curiae on behalf of Defendants and Appellants.

Fine, Boggs & Perkins, John P. Boggs and David J. Reese for California New Car Dealers Association and Alliance of Automobile Manufacturers as Amici Curiae on behalf of Defendants and Appellants.

Gartenberg Gelfand Hayton & Selden, Aaron C. Gundzik ; Law Offices of Neal J. Fialkow and Neal J. Fialkow for Plaintiffs and Respondents.

Altshuler Berzon, Eve H. Cervantez and Eileen B. Goldsmith for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiffs and Respondents.

OPINION

CHAVEZ, J. —

In this wage and hour class action, the issue presented is whether California's minimum wage law requires an employer that compensates its automotive service technicians on a "piece-rate" basis for repair work must also pay those technicians a separate hourly minimum wage for time spent during their workshifts waiting for vehicles to repair or performing other nonrepair tasks directed by the employer. The employer...

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